Senate debates

Tuesday, 19 November 2024

Committees

Legal and Constitutional Affairs Legislation Committee; Reference

3:43 pm

Photo of Anne UrquhartAnne Urquhart (Tasmania, Australian Labor Party) Share this | | Hansard source

On behalf of Senator Green, I move:

That the provisions of the Migration Amendment Bill 2024 be referred to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 26 November 2024.

Photo of Malcolm RobertsMalcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | | Hansard source

I seek leave to make a short statement.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Leave is granted for one minute.

Photo of Malcolm RobertsMalcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | | Hansard source

We support the referral. Since the High Court held that forced ankle bracelets and curfews on ex-detainees are unconstitutional and punitive in the case of YBFZ, the government has indicated it wants to legislate to empower the minister to enforce these measures for the purpose of achieving safety in the community. This bill will fail for the same reason the High Court held in YBFZ. What is needed is legislation to widen the power of the judiciary to order these measures instead of leaving it to the minister who is part of the executive, thereby ensuring the separation of powers.

3:44 pm

Photo of Nick McKimNick McKim (Tasmania, Australian Greens) Share this | | Hansard source

by leave—I move:

Omit "26 November 2024", substitute "4 February 2025".

Just so folks are clear, the amendment omits the words 26 November 2024 and substitutes instead 4 February 2025.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

The question is that the amendment as moved by Senator McKim to business of the Senate No. 3 be agreed to.

A division having been called and the bells being rung—

Photo of Lidia ThorpeLidia Thorpe (Victoria, Independent) Share this | | Hansard source

President, you stopped me from going overseas next week, did you? You didn't even have the courtesy to tell me.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Come to order, Senator Thorpe!

Photo of Lidia ThorpeLidia Thorpe (Victoria, Independent) Share this | | Hansard source

You stopped me from going overseas. Shame on you.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Thorpe, come to order!