Senator LUDWIG (1:56 PM) —One of the issues that Senator Stott Despoja mentioned was dealing with the amendments in seriatim, but because we are in the Committee of the Whole we can move to the amendments that we want to deal with. That is partly why I went to what I consider to be the most serious amendments that Labor are moving in the opportunity that I had to address the Senate during the committee stage. Those amendments are those that we want to put to the government and have them blink over—although we suspect and know that they will not.

The other amendments are still equally important, and if we have an opportunity to argue those in due course, we will. But I did not want to be in the position of not being able to put these serious issues before the Senate. I wanted to put them so that the public will be aware upon reflection somewhere down the track that the Labor Party moved substantive amendments to ameliorate the effects of this legislation, in line with the committee report, in addition to those that the government moved, and that we argued for those here, notwithstanding the government’s truncated committee stage.

In respect of the amendments that Senator Stott Despoja has moved, we have taken the view of the joint committee. The committee arrived at a reasonable review period. They did not arrive at that without some consideration of the issues involved. The Parliamentary Joint Committee on ASIO, ASIS and DSD and the Sheller review both came to the view that there should be a five-year review, with a sunset clause, for that legislation. There is a view that five years will allow sufficient time for these matters to be worked through to see whether they fail or work and whether there are deficiencies. I have no doubt that the government will rectify any serious matters that are deficient in any event.

Senator Stott Despoja —Really?

Senator LUDWIG —Yes. I am perhaps a bit more confident about that than you might be. I am talking about serious procedural flaws that may not allow the legislation to operate as intended. We already have government amendments which address that in part. The government have sought to put amendments that look like they correct an oversight of theirs, and I will deal with that later. When you look at this legislation, the five-year review that the Labor Party have sought is a better position. We will hopefully move amendments to that effect. We think those amendments will allow the legislation to operate as intended. If there are serious flaws, they will come to light.

Progress reported.