James Paterson (Victoria, Liberal Party, Shadow Minister for the Public Service) Share this | Link to this | Hansard source

My question is to the Minister for Foreign Affairs, Senator Wong. Minister, at Senate estimates hearings on 12 February, during an exchange on the subject of so-called ISIS brides, you said:

… Australian citizens have various entitlements which are not discretionary under law and no government is able to make them discretionary.

Is it true that, as Foreign minister, you have no discretion under current law to refuse to issue a passport under any circumstances?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I have made clear already in this place it is possible for the Foreign minister to refuse or cancel a passport on security grounds if—this'll be the fifth time—a competent authority requests it. What I have said is that ASIO and other competent authorities have not made such a request.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Paterson, first supplementary?

James Paterson (Victoria, Liberal Party, Shadow Minister for the Public Service) Share this | Link to this | Hansard source

Minister, section 9 of the Australian Passports Act states that a minister may issue emergency documents. Furthermore, the entitlement to a passport outlined in section 7 is qualified in section 8, which requires the minister to 'be satisfied' of a person's citizenship and identity. Can the minister confirm if the passports or travel documents issued to the 34 so-called ISIS brides and their families were authorised under section 9?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

It remains a legal entitlement for Australians citizens to be issued an Australian passport if they meet eligibility requirements, so that is the position. As you know, Senator, I'm not in a position—you may have asked questions about this at estimates—nor was the department, to answer specific questions about specific individuals, and I think the department went through why that is the case. But what I would say is that—

Oh!

Sue Lines (President) Share this | Link to this | Hansard source

Senator Ruston, come to order. Minister Wong, do you wish to continue?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

Does Senator Ruston want me to respond, or would she like to—I know that she hasn't got much influence these days— (Time expired)

Sue Lines (President) Share this | Link to this | Hansard source

Senator Paterson, second supplementary?

James Paterson (Victoria, Liberal Party, Shadow Minister for the Public Service) Share this | Link to this | Hansard source

():

Minister, section 14 of the Australian Passports Act states:

(1) If a competent authority suspects on reasonable grounds that:

(a) if an Australian travel document were issued to a person, the person would be likely to engage in conduct that:

(i) might prejudice the security of Australia or a foreign country;

…   …   …

(b) the person should be refused an Australian travel document in order to prevent the person from engaging in the conduct …

In your four years as Foreign minister, how many passports have you refused or cancelled under section 14?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

That is the section that I have been referencing now in numerous questions, and no such request was made in relation to the group that you are referencing. In relation to other matters, I act as Foreign minister, under that section, on the basis of any advice provided by a competent authority, which in general is ASIO or AFP. Senator, I am not in a position—you should not ask me—

Sue Lines (President) Share this | Link to this | Hansard source

Senator Paterson?

James Paterson (Victoria, Liberal Party, Shadow Minister for the Public Service) Share this | Link to this | Hansard source

On direct relevance, President, I have asked the minister how many passports were refused or cancelled under the section of the act.

Sue Lines (President) Share this | Link to this | Hansard source

The minister is being relevant to your question, Senator Paterson.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

The extent to which those opposite are irresponsible—that you would actually ask questions about the advice of security agencies! I act on the advice of security agencies. You have been on PJCIS. You have been on the committee, Senator. If you want a confidential briefing on classified matters, I will provide it.

Opposition senators interjecting—

Did you hear what I said? If you want a confidential briefing on classified matters, I will provide it. (Time expired)

Sue Lines (President) Share this | Link to this | Hansard source

Order! That was extremely loud and disrespectful, and some of the people on my left on the front bench were louder than the minister. This is not a football match; it's the Senate.