Wednesday, 7 February 2007
Customs Legislation Amendment (Border Compliance and Other Measures) Bill 2006
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)
(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.