Andrew Murray (WA, Australian Democrats) Share this | Hansard source

I move Democrat amendment (2) on sheet 5015 revised:

(2)    Schedule 2, page 6 (after line 32), after item 4, insert:

4A After subsection 234A(1A)

Insert:

  (1AA)    A decision by the Collector under this Act is subject to judicial review under the Administrative Decisions (Judicial Review) Act 1977.

Briefly, following on from the provision of a statement of reasons, the purpose of this amendment is that those reasons are subject to judicial review. I do not accept the real-time argument put forward by Customs as a good enough reason to deny people natural justice when they are being subjected to search and seizure conditions, as they are under these provisions. I do believe that there should always be a process of review for decisions which are made at the absolute discretion of any officer in any place.