Senator GREIG (7:58 PM) —The Democrat amendments introduced important safeguards into the Communications Legislation Amendment Bill (No. 2) 2003. Given the wide-reaching nature of these powers we firmly believe that such safeguards are imperative to protect against the abuse of these powers. The amendments ensured that those affected by the exercise of these powers could seek judicial review of a decision made by the Attorney-General. They also clarified the grounds on which the Attorney-General could exercise the substantial powers under the legislation. One of the most important safeguards introduced by the amendments was to ensure that individuals and groups who engage in lawful protest are not restricted by these laws. This is fundamental to ensuring that the powers created by this legislation are used appropriately for the purpose of combating terrorism and not for preventing people from choosing to exercise their freedom of expression.

These amendments also ensured that telecommunications companies could not be sued for complying with the direction of the Attorney-General. While the government argued that the doctrine of frustration of contract would apply in these circumstances and would therefore prevent liability for acts done in compliance with the legislation, we Democrats believe this should be made very clear in the legislation and not left to the courts to determine. Setting this out clearly in the body of the bill would serve to prevent litigation against telecommunications companies. While the government has argued this is an unnecessary measure, the minister failed to provide any reason as to why this should not be expressly provided for in the legislation.

The opposition's amendment to require a review of these new provisions in four years time is also, we believe, crucial. The express objective of the government in introducing this bill is to respond to the current threat of terrorism. We Democrats believe that it is imperative for the parliament to reconsider the effectiveness of the government's legislative response to the threat of terrorism in four years time and the impact these laws have had on telecommunications carriers and on the Australian community. The Democrats will insist on these amendments and we are unprepared to support the bill in their absence.

Question agreed to.

Resolution reported; report adopted.