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Thursday, 12 December 2002
Page: 7867


Senator HARRIS (12:40 PM) —I rise to place on record that One Nation will also support the Democrat motion to refer the matter to a committee. All the way through the inquiries we have had substantive submissions from such groups as the Law Institute of Victoria, the Law Council of Australia and the Law Society of New South Wales. All of them have raised substantive issues relating to the power of this bill. As Senator Greig has so aptly highlighted in his motion, we have also had antiterrorist laws passed by the New South Wales parliament which impinge greatly on the civil rights of New South Wales residents. I believe this amendment is important. If we look at the Australian Constitution, it clearly tells us that, with regard to the laws that are produced by this parliament, if there is an inconsistency between the Commonwealth law and the state law then the Commonwealth law takes precedence but only for the aspect of the inconsistency. That is the importance of Senator Greig's amendment. It clearly sets out, on a constitutional basis, that there is an inconsistency between that law in New South Wales and this Commonwealth law, and the Commonwealth law must take precedence.

Question put:

That the amendment (Senator Greig's) be agreed to.