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Thursday, 17 December 1992
Page: 5449


Senator TATE (Minister for Justice) (11.51 p.m.) —If a person were found by a court to have been held in custody unlawfully between 19 November 1989 and before this Bill commenced, the terms of the Bill would apply and the provisions relating to compensation would come into operation. The point is being made that the Parliament is being asked to respond to indications given in the High Court judgment that the detention that would be characterised as unlawful would, in the opinion of the High Court, be related to those situations such as we have been describing and illustrating during the debate. The terms of the legislation itself do not restrict it in that way. It is up to the court to determine what is unlawful.