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Wednesday, 4 May 1994
Page: 163


Senator SPINDLER (11.18 a.m.) —The Australian Democrats amendment No.5 addresses the same question of appeal rights that was discussed by this chamber when I moved amendment No.3. I will therefore not repeat the arguments that relate to appeal rights to this process. I move:

5.Page 11, after clause 24 insert the following Division:

"Division 3—Review by the Federal Court

Review of Attorney-General's determination

"24A.(1) Where the Attorney-General determines that the person remanded under Division 1 is to be surrendered to the Tribunal the person may, within 7 days after the determination, apply to the Federal Court for review of the determination.

"(2) Unless satisfied that there are exceptional circumstances, the Court must confirm the determination of the Attorney-General that the person is to be surrendered to the Tribunal.

"(3)If satisfied that there are exceptional circumstances, the Court must, by order, direct a magistrate to order:

    (a)the release of the person from custody; or

    (b)the discharge of the recognisances on which bail was granted to the person;

as the case requires.

"(4) The person or the Attorney-General may appeal to the Full Court of the Federal Court from the order of the Federal Court.

"(5) The person or the Attorney-General is not entitled to appeal to the Full Court more than 7 days after the day on which the order of the Federal Court is made.

"(6) The High Court shall not grant special leave to appeal against the order of the Full Court made on the appeal referred to in subsection (4) if the application for special leave is made more than 7 days after the day on which the order of the Full Court is made.

"(7) Where the person or the Attorney-General:

  (a)appeals under subsection (4) against an order made on a review by the Federal Court; or

    (b)appeals to the High Court against an order made on that appeal;

the following provisions have effect:

    (d)the court to which the appeal is made is to have regard only to the material that was before the Federal Court;

    (e)if, because of the order referred to in paragraph (a) or (b), as the case requires, the person has been released—the court to which the application or appeal is made may order the arrest of the person;

    (f)if:

          (i)because of the order referred to in paragraph (a) or (b), as the case requires, the person has not been released; or

          (ii)the person has been arrested under an order made under paragraph (e);

the court to which the appeal is made may:

          (iii)order that the person be kept in such custody as the court directs; or

          (iv)order the release on bail of the person on such terms and conditions as the court thinks fit;

      until the review has been conducted or the appeal has been heard.".