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Wednesday, 2 December 2015
Page: 9738


Senator BRANDIS (QueenslandAttorney-General, Vice-President of the Executive Council and Leader of the Government in the Senate) (19:14): I should make the obvious point, Senator Lambie, that although the PKK is declared under the Criminal Code it is not yet declared under this bill, because the bill has not been passed. Assuming the bill were to be passed, it would be a matter for the Minister for Immigration and Border Protection to decide whether, from the list of declared terrorist organisations in the Criminal Code, that particular organisation should be an organisation for the purposes of these provisions of the Citizenship Act. So there is no automaticity about that. There have to be, as it were, two ministerial minds applied to two different acts of parliament—mine under the Criminal Code and the Minister for Immigration and Border Protection under this act. But, Senator Lambie, I do not resile for a moment—not for a moment—from saying that it is appropriate that the declaration of an organisation as a terrorist organisation should depend upon the advice of intelligence specialists and should be made by a minister. It is not a judicial process. It is not the thing that courts do. It is, as I said before, classically an executive government act.