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Tuesday, 1 December 2015
Page: 9511


Senator BRANDIS (QueenslandAttorney-General, Vice-President of the Executive Council and Leader of the Government in the Senate) (21:10): I am sorry if I cannot assist you, Senator Leyonhjelm, but I did try in my summing up speech to explain the way in which this provision will operate, and I thought you did gather that it applies only to people who within the last 10 years have been convicted of an offence with imprisonment for at least 10 years. I must confess that I am not the draftsman of the explanatory memorandum, but I think the point that the draftsman is trying to make in paragraph 205 is that this is not a provision like a retrospective provision, which creates a liability which did not exist before. This only operates in relation to people who have committed an offence which was a pre-existing offence. So the retrospective element, if you like, of this provision is the visiting upon such a person of a new consequence, not the creation of a new offence.