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Wednesday, 1 December 2004
Page: 20

Senator BROWN (10:58 AM) —I move Greens amendment (7), as follows:

(7) Clause 31, page 27 (lines 5 and 6), omit subclause (8).

This amendment effectively removes the provision under clause 31(8), which reads:

In making its decision, the Court must give greatest weight to the matter mentioned in paragraph (7)(a).

That matter is one of national security against the defendant's right to a fair hearing. It would be interesting to hear from the minister how a court would give greatest weight to taking away the right of a defendant to a fair hearing. Either you take it away or you do not. I presume that this means that the defendant's right to a fair hearing is overridden by the government's decision that the matter is one of national security. Is there any other way, measure or indication that the government has as to how this weighting is transferred from the right of the defendant to a fair hearing to national security?