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Wednesday, 2 December 2015
Page: 9735

Senator BRANDIS (QueenslandAttorney-General, Vice-President of the Executive Council and Leader of the Government in the Senate) (19:00): Senator McKim, in answering your previous question I should have also referred you to the note to subsection 10 in the bill, which is the relevant subsection. The note reads:

A person may seek review of the basis on which a notice under this subsection was given in the High Court of Australia under section 75 of the Constitution, or in the Federal Court of Australia under section 39B of the Judiciary Act 1903.

That of which a person seeks review is the basis on which the notice was given. In relation to the question of the standard of proof, the kind of relief that would be sought would be a declaration and/or an injunction—probably both. Those, as you know, Senator McKim, are equitable remedies, so it would be strictly characterised a suit in equity, and in suits in equity the standard of proof is on the balance of probabilities.