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

11:37 am

Photo of Nick McKimNick McKim (Tasmania, Australian Greens) Share this | Hansard source

Minister, the explanatory memorandum says:

Subsection 27 provides that the Administrative Decisions (Judicial Review) Act 1977 does not apply to decisions made under the provisions of the Bill.

You have rightly pointed out that judicial review of the TEO decision and the review authority's consideration is available under section 75(v) of the Constitution and section 39B of the Judiciary Act. Could you please outline for the Senate what difference there is between an appeal taken under the Administrative Decisions (Judicial Review) Act and consideration of a review under the Constitution or the Judiciary Act. What is the difference between the two opportunities, one of which is not provided for in this legislation and one of which is?

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