Michaelia Cash (WA, Liberal Party, Leader of the Opposition in the Senate) Share this | Hansard source

When courts seek to interpret legislation, they look to a number of sources, as you know. One of those sources is obviously what we're talking about now. At this point in time, we have not given the courts any further guidance in relation to what a general direction is. I'm happy to accept if a general direction is an open-ended direction at the discretion of the minister. I'll accept that as the answer. I'm not going to agree with it. I think it's an incredibly dangerous path to walk down, given that this is a new section. This is the first time the Attorney-General has been, in black and white, given the legislated ability to provide a direction. But it's not good enough to say to the Senate, 'Well, it says a general direction.' What is a general direction? Are there any parameters at all surrounding what a general direction is? How will the Attorney-General know if they have indeed overstepped the mark?