Senate debates Committees

Legal and Constitutional Affairs Legislation Committee; Reference


Anne Urquhart

Anne Urquhart Tasmania, Australian Labor Party

3:43 pm

On behalf of Senator Green, I move:

That the provisions of the Migration Amendment Bill 2024 be referred to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 26 November 2024.

Malcolm Roberts

Malcolm Roberts Queensland, Pauline Hanson's One Nation Party

I seek leave to make a short statement.

Sue Lines

Sue Lines President

Leave is granted for one minute.

Malcolm Roberts

Malcolm Roberts Queensland, Pauline Hanson's One Nation Party

We support the referral. Since the High Court held that forced ankle bracelets and curfews on ex-detainees are unconstitutional and punitive in the case of YBFZ, the government has indicated it wants to legislate to empower the minister to enforce these measures for the purpose of achieving safety in the community. This bill will fail for the same reason the High Court held in YBFZ. What is needed is legislation to widen the power of the judiciary to order these measures instead of leaving it to the minister who is part of the executive, thereby ensuring the separation of powers.

Nick McKim

Nick McKim Tasmania, Australian Greens

3:44 pm

by leave—I move:

Omit "26 November 2024", substitute "4 February 2025".

Just so folks are clear, the amendment omits the words 26 November 2024 and substitutes instead 4 February 2025.

Sue Lines

Sue Lines President

The question is that the amendment as moved by Senator McKim to business of the Senate No. 3 be agreed to.

A division having been called and the bells being rung—

Lidia Thorpe

Lidia Thorpe Victoria, Independent

President, you stopped me from going overseas next week, did you? You didn't even have the courtesy to tell me.

Lidia Thorpe

Lidia Thorpe Victoria, Independent

You stopped me from going overseas. Shame on you.