Chris Ellison (WA, Liberal Party, Minister for Justice and Customs) Share this | Hansard source

I move government amendment (2) on sheet PJ334:

(2)    Schedule 1, item 1, page 6 (lines 15 to 22), omit section 80N, substitute:

80N When declarations cease to have effect

An emergency declaration ceases to have effect at the earliest of:

             (a)    if a time at which the declaration will cease to have effect is specified in the declaration—at that time; or

             (b)    the time at which the declaration is revoked; or

             (c)    the end of 12 months starting when the declaration is made.

Again, this is a result of the recommendations in the Senate Standing Committee on Legal and Constitutional Affairs report. The Senate committee was concerned that the bill would allow a declaration to specify an indefinite period of operation. This second proposed amendment by the government will adopt the committee’s recommendation so that an emergency declaration made under the provisions of the bill has a statutory maximum period of 12 months. The bill still permits an emergency declaration to specify a period of less than 12 months or be revoked before the expiry of 12 months. I think that having this time limit accommodates the recommendation made by the Senate committee and, indeed, addresses some of the Democrats’ concerns. Of course, they may have another view on that. But we prefer this approach—the 12-month period or less. I commend the amendment to the committee.