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Wednesday, 25 June 2003
Page: 12608


Senator BROWN (8:27 PM) —Senator Ray brought up the point I was going to put next and we have established it. I do not think there is any point in debating it further. The serial warrants apply head to toe, so as you are walking out the door from your first detention you can be arrested and brought straight back in again because another warrant has been so close to being issued that it just took the time for the final authority to be given to it. If it is not out the door it is down the street or on the way home. The minister is right: a reading of this will lead any person to believe that there is no minimum time. These are serial warrants. They cut across the submissions that we have had from the Law Council of Australia and they do make it possible to have a person put in serial detention for an unlimited period of time. The only thing ASIO has got to do is produce new information that convinces the issuing authority at the start of each subsequent arrest, and there is not a provision here that ASIO has to give all the information it has on the person at the outset. It can serially produce evidence. The issuing authority has to be convinced there is new evidence. There is no compulsion in this legislation which says ASIO has got to give up all its evidence on the first arrest.