Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download Current HansardDownload Current Hansard    View Or Save XMLView/Save XML

Previous Fragment    Next Fragment
Monday, 13 February 2017
Page: 579

Senator McKIM (Tasmania) (10:52): Minister, I want to ask about proposed section 5C(1)(bb), which encapsulates the minister coming to a reasonable suspicion that the relevant noncitizen has been or is a member of a group or organisation, or has had or has an association with a group, organisation or person which is involved in criminal conduct. For the purposes of this debate I might call them the association provisions. What is the burden of proof, if any, that the minister has to achieve. I understand that it has to be a reasonable suspicion, but what does 'reasonable suspicion' mean? Can the minister provide the Senate with any case law or jurisprudence on this that can, hopefully, confirm that the minister is cognisant of that case law, if any, when making decisions? Secondly, is the minister able to apply this particular provision to a foreign leader and deny any foreign leader on the basis of his or her associations?