George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

They are going to be defined by reference to their conduct. It is that simple. If it is the kind of conduct to which section 9(1A)(a) applies, then they can be deemed a constituted class. For that to occur, every such person has to partake of the proscribed conduct. If not, then not.

If I may say so—with all due respect, Senator Wright—this is a very good example of why it is not a useful or a fruitful exercise, in a debate of this kind, to continually propose hypothetical situations. This is for investigators, and prosecutors, and ultimately it is for the courts to determine. It is for the legislature to give clear guidance, which in the nature of statutory language is of necessity at a level of generality. It is for investigators—perhaps prosecutors, perhaps courts ultimately—to apply those general words to a particular case. But, to answer your question about the conceptual level, the way in which membership of a class will be judged is by reference to conduct.