George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

Thank you very much indeed, Senator Lindgren. Yes, I can. As honourable senators would no doubt be aware, this morning the High Court delivered its judgement in the M68 case. That is the case in which the regional processing centre arrangements between the government of Australia and the Republic of Nauru were challenged. The case was resolved in the government's favour by a majority of six justices to one.

Specifically the court held that the entry into the memorandum of understanding of 3 August 2013 between the respective governments was a valid exercise of the executive power of the Commonwealth under section 61 of the Constitution. The court held that the conduct of the Commonwealth in giving effect to that arrangement was constitutionally valid, it being authorised by section 198AHA of the Migration Act, which the court found was itself a valid exercise of the aliens power under section 51(xix) of the Constitution. Furthermore, the court held that the conduct of the Commonwealth in securing funding and participating in the plaintiff's detention at a regional processing centre on Nauru was, for that reason as well, a valid law of the Commonwealth.

It has been asserted in this place—not, I should say, in fairness, by the opposition but by the Greens—asserted time and time again, that these arrangements were not constitutionally valid. The High Court has now authoritatively, by a six to one majority, decided that the arrangements are lawful, are constitutionally valid, and I would hope that the Greens, in particular, respect the decision of the court.