Senate debates

Thursday, 17 September 2009

Federal Court of Australia Amendment (Criminal Jurisdiction) Bill 2008

In Committee

1:16 pm

Photo of Christine MilneChristine Milne (Tasmania, Australian Greens) Share this | Hansard source

I am fully cognisant of the fact that government does not have to divulge to the parliament what its legal advice is. That is why I asked the question: did the government seek legal advice? It is quite within the remit of the parliament to ask these questions. Did the government seek legal advice on this matter? Was the decision to name the Victorian registrar as also the Tasmanian registrar made as a result of the advice? I recognise that it is up to the government to determine whether they answer that. It is incumbent on the senator to explain to the parliament whether they took legal advice on this. The mere taking of advice confirms what I am actually saying here—that is, that under section 18N, Personnel other than the Registrar, there is clearly an intent. At 1(a) the provision says there will be:

a District Registrar of the Court for each District Registry …

That implies that you would have a registrar with a registry. That is why I seek advice from the government as to whether they sought legal advice on this matter.

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