Senate debates

Thursday, 25 July 2019

Bills

Counter-Terrorism (Temporary Exclusion Orders) Bill 2019, Counter-Terrorism (Temporary Exclusion Orders) (Consequential Amendments) Bill 2019; In Committee

3:42 pm

Photo of Rex PatrickRex Patrick (SA, Centre Alliance) Share this | Hansard source

Minister, we were talking about reviews just prior to question time. It's clear that the review authority has all of those restrictions that you mentioned in your answer to me. Section 14 sets out the things that the review authority can consider. They are restrictive in some nature, and I understand your logic; you say that that process is to be quick. Leaving that alone, and noting the Administrative Decisions (Judicial Review) Act is carved out as a pathway, that leaves two methods by which to bring an action to the Federal Court. One is through section 39 of the Judiciary Act, and the other is through section 75 of the Constitution. If it were to go to a judicial review—so not the review authority—is it a matter considered to be in the original jurisdiction of the court as opposed to the appeals jurisdiction?

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