GOVERNMENT MUST REFER TEO LEGISLATION BACK TO PJCIS TO ENSURE IT WORKS

SENATOR THE HON KRISTINA KENEALLY.
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4 years ago
GOVERNMENT MUST REFER TEO LEGISLATION BACK TO PJCIS TO ENSURE IT WORKS
SENATOR THE HON KRISTINA KENEALLY
Labor has always supported the intent of the Temporary Exclusion Order (TEO) legislation and any claims otherwise – such as this bill being a “test for Labor” – are nonsense.
 
Labor and the Liberals have already come together in agreeing to support the TEO laws subject to the bipartisan recommendations made by the Parliamentary Joint Committee on Intelligence and Security (PJCIS) – a Liberal-dominated committee which is chaired by Liberal MP Andrew Hastie.
 
The PJCIS has operated for years to achieve bipartisanship on national security legislation. Since 2013, the Government has not explicitly rejected a recommendation of the PJCIS.
 
The cooperative value of the PJCIS to reach consensus and improve national security legislation provides significant benefit to our national security agencies and to Australians. The Government should not jeopardise or politicise the important work of the PJCIS.
 
The revised TEO legislation before the Parliament is substantially different to the legislation introduced in February, substantially different to the legislation considered by the PJCIS and substantially different from the UK scheme to which Mr Dutton so frequently refers.
 
Instead of agreeing to and implementing all 18 of the PJCIS’ substantive recommendations, the Government’s response rejects four recommendations, only partially implements six and ignores one. Further, there are now new provisions in the legislation which the PJCIS has never considered.
 
Labor has already expressed its support for the intent of the TEO scheme and agreed with the Liberal-dominated PJCIS that its recommended changes be incorporated into the legislation.
 
Given these matters, Labor calls on the Government to refer the TEO legislation back to the PJCIS so they can be resolved swiftly and in a bipartisan way as soon as possible.
 
As they have done with Home Affairs legislation previously, the Government should release the Solicitor-General’s advice to ensure all Australians of the bill’s constitutionality.
 
Labor wants a TEO scheme that works, is constitutional, keeps Australians safe and that withstands High Court challenges – the Government must refer the TEO legislation back to the PJCIS to ensure this happens.
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