Chris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | Hansard source

As Senator Ludlam indicated, we have had this debate earlier in the debate on this bill. We do not accept that the minister has untethered or unaccountable decision-making powers under the bill. In this administrative law context, 'absolute discretion' identifies who is entitled to exercise powers under the bill. The absolute discretion clauses therefore make it unambiguously clear that the minister is the responsible decision maker. As we know, this has been contained in other bills. It does not in any way limit the capacity for courts to review those decisions, and they will infer limitations on the ministerial discretion from the structure and purpose of the legislation.

Question negatived.