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Tuesday, 13 June 2006
Page: 152


Senator LUDWIG (9:41 PM) —So I am right in saying that you are not going to give them the facts and circumstances to determine how they would exercise their judgment based on their experience. If that is the position, then that really ends the debate. That is what you have decided that they will not have. Bear in mind that—and this is the point I made right at the beginning—it might mean, on the information that is provided independently to the judge, who can make up their own mind about these things, that they come to the conclusion on reasonable grounds, without the statement of facts and issues, that they cannot form a view for believing that permitting the continuation would substantially assist the collection of intelligence that is important in relation to a terrorism offence. Therefore, the questioning has ended and you have lost the ability for questioning that person under that warrant.