Bob Katter (Kennedy, Katter's Australian Party) Share this | Link to this | Hansard source

My question is to the Attorney-General. Has no-one explained to the High Court the separation of powers? Calling yourself a refugee, rightly or wrongly, doesn't override national sovereignty, which, by definition, entails the right to accept or deny entry into our homeland. Minister, doesn't responsibility demand the deportation of people supporting, advocating and manifesting racial and religious hatred, violence and murder?

Milton Dick (Speaker) Share this | Link to this | Hansard source

The member for Bruce will cease interjecting. The member for Kennedy has asked his question.

Mark Dreyfus (Isaacs, Australian Labor Party, Cabinet Secretary) Share this | Link to this | Hansard source

I thank the member for his question. In relation to the High Court's recent decision in the NZYQ matter, my colleagues the Minister for Home Affairs and the Minister for Immigration, Citizenship and Multicultural Affairs have been leading the government's response. As they have made clear in a number of public statements and in answers to questions in this place, the government has acted swiftly to ensure the safety of the Australian community.

The member's question does go specifically to the separation of powers. I'm minded to say that, as a former minister in the Bjelke-Petersen government, he might recall an exposition on that subject by the leader of that government. But, in the NZYQ matter, the Solicitor-General argued on the behalf of the Commonwealth government—on behalf of our government—that the detention settings in place were constitutionally valid. That was the Commonwealth's position. The High Court of Australia disagreed. The effect of the High Court's decision is that a number of individuals have to be released from immigration detention. When the High Court finds that individuals are being unlawfully detained, the government cannot ignore it, because the government—I know that those opposite find this difficult to understand—must act in accordance with the law. All governments must act in accordance with the law.

Opposition Members:

Opposition members interjecting—

Milton Dick (Speaker) Share this | Link to this | Hansard source

Members on my left! The member for Hume will cease interjecting. The Attorney-General will be heard in silence. The question was heard in silence.

Mark Dreyfus (Isaacs, Australian Labor Party, Cabinet Secretary) Share this | Link to this | Hansard source

I do know that those opposite are struggling with these concepts, but the government must act in accordance with the law. All governments must act in accordance with the law. As the government have made abundantly clear in a number of public statements, we have acted swiftly to ensure the safety of the Australian community following the High Court's decision. The Albanese government is committed to the safety and wellbeing of all Australians.

The member has asked me specifically about racial and religious hatred.

Milton Dick (Speaker) Share this | Link to this | Hansard source

The Attorney-General will pause. I want to hear from the member for Kennedy on a point of order.

Bob Katter (Kennedy, Katter's Australian Party) Share this | Link to this | Hansard source

Whether the High Court is legislating—that's the question. Do you run the place or does the High Court run the place?

Milton Dick (Speaker) Share this | Link to this | Hansard source

Resume your seat. The point of order was about relevance—I hope. I'm just going to make sure that the Attorney-General—when I was listening to him, he was talking about the question specifically—makes sure his answer relates to the question.

Mark Dreyfus (Isaacs, Australian Labor Party, Cabinet Secretary) Share this | Link to this | Hansard source

The member has asked me specifically about racial and religious hatred. There is no place in Australia for hate speech of any kind. On 18 October the government announced $50 million for 177 grants under the Securing Faith-Based Places grant program. These grants will improve security at religious schools and preschools, places of worship and faith based community centres in every state and territory across different faith communities. The government has also announced $25 million to the Executive Council of Australian Jewry, ECAJ; and $25 million to the Australian Palestinian, Muslim and other communities affected by the Israel-Hamas conflict. (Time expired)