Senate debates

Wednesday, 29 October 2014


Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014; In Committee

11:20 am

Photo of Penny WrightPenny Wright (SA, Australian Greens) Share this | Hansard source

I am happy to elaborate on why the Australian Greens and certainly other legal commentators are of the view that it is a significant departure from established principles and that is the offence has been drafted in such a way as to have the same effect, without being semantic, as a reversal of the onus of proof because, while the prosecution has to prove that a person was in the declared area, that is all they have to prove initially and the defendant is then guilty of the offence unless the defendant brings evidence to demonstrate that the travel was solely for one of the listed legitimate purposes—if you want to respond to that first, Attorney-General.


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