Mr Tony Burke Watson, Australian Labor Party, Shadow Minister for Immigration
2:12 pm
My question is to the Prime Minister. Can the Prime Minister confirm whether the proposed amendments he has announced to the Migration Amendment (Designated Unauthorised Arrivals) Bill 2006 will be enforceable on Nauru under Australian law? Can the Prime Minister explain how Australian law can be amended to guarantee any amendments will take effect under the law of Nauru? When the Prime Minister reports back to the President of Indonesia, will he be reporting his intention—
Wilson Tuckey O'Connor, Liberal Party
Mr Speaker, I raise a point of order. Every component of this question is a request for a legal opinion, which is not allowed under the standing orders. It is absolutely, to use their words, ‘specific’.
David Hawker Speaker
I thank the member for O’Connor. I am listening carefully to the question. The member for Watson will continue and I will listen.
Mr Tony Burke Watson, Australian Labor Party, Shadow Minister for Immigration
When the Prime Minister reports back to the President of Indonesia, will he be reporting his intention to withdraw the bill?
David Hawker Speaker
I believe that question is asking about some administrative matters; therefore, I will call the Prime Minister.
John Howard Bennelong, Liberal Party, Prime Minister
In answer to the last part of the question, the bill will be debated, being the intention of the government, when we return in six weeks time. In relation to the other matters, self-evidently—and I think he is asking for a legal opinion so I will chance my arm; I have been out of practice for about 30 years but I will have a go—
Anthony Albanese Grayndler, Australian Labor Party, Deputy Manager of Opposition Business in the House
Mr Albanese interjecting
John Howard Bennelong, Liberal Party, Prime Minister
Don’t remind me of that. I will have a go. Self-evidently, the laws of Australia have application except in those limited cases where some degree of extraterritoriality has been accepted by private international law. The laws of Australia only apply to Australia and the territories under the control of Australia. But it is the case, for example, so I am advised, that the actions of Commonwealth officials in other places can remain within the purview of somebody, for example, such as the Ombudsman. I might, on that basis of giving legal opinions, quit while I am in front.