Nick Xenophon (SA, Independent) Share this | Hansard source

I have some questions to put to the Attorney, and I have had a brief discussion with the Minister for Immigration and Border Protection's office this morning. I can indicate that I do broadly support the legislation, with some reservations. I understand that Senator Leyonhjelm, for instance, has an amendment that has just been circulated, which I think is an excellent amendment and an excellent safeguard which I hope the government will seriously consider. He will obviously speak to that very soon.

My question goes to the litigation that is in place. I am happy for this to be taken on notice: insofar as there has been a challenge to the existing legislation and the litigation or the challenge took place based on the legislation as it stands, and this legislation seeks to change the legislation so that there is no question mark or potential valid challenge to this legislation, what is the government's attitude, firstly, to there being no costs orders to this date against those parties that sought to challenge the legislation—that is, if they are given an opportunity to withdraw their case up until this point in time—and also to meeting any reasonable costs to this time, given that they proceeded on the basis of the current legislation and the rules? The goalposts are being shifted. I understand why, but there seems to be an issue of fairness in respect of that aspect of this legislation and the impact on those parties that have sought to challenge this legislation.

Progress reported.