SENATE

Thursday, 13 October 2016 SENATE 55
QUESTIONS WITHOUT NOTICE
Attorney-General
Senator O'NEILL (New South Wales) (14:01): My question is to the Attorney-General, Senator Brandis. Did
the Attorney-General seek legal advice in relation to the Legal Services Amendment (Solicitor-General Opinions)
Direction 2016 before tabling it in the Senate on 4 May 2016, or did he rely on his own opinion?
Senator BRANDIS (Queensland—Attorney-General, Vice-President of the Executive Council and Leader of
the Government in the Senate) (14:01): Senator, as I have been saying ad nauseam, I actually consulted the
Solicitor-General in relation to the matter on 30 November. I invited him to put his views in writing, which he did
some 14 weeks later, and I had regard to those views.
Senator O'NEILL (New South Wales) (14:01): I refer to the submission of Dr Gavan Griffith QC, who was
the Solicitor-General for 14 years, in which he says that the direction was:
… ultra vires and of no effect as a lawful direction …
Is the Attorney-General confident that the former Solicitor-General, Dr Gavan Griffith QC, is wrong?
Senator BRANDIS (Queensland—Attorney-General, Vice-President of the Executive Council and Leader of
the Government in the Senate) (14:02): I have read the remarks attributed to Dr Griffith, but the legal services
direction was published—the current Solicitor-General having been consulted in relation to it and on the advice of
my department.
Senator O'NEILL (New South Wales) (14:02): Given that such eminent and well-respected legal figures as
Solicitor-General Gleeson SC and former Solicitor-General Gavan Griffith QC state the direction is legally
invalid, how can senators possibly be asked to accept the Attorney-General's assertions to the contrary when he
has a reputation for being 'slippery' with the facts.
Senator BRANDIS (Queensland—Attorney-General, Vice-President of the Executive Council and Leader of
the Government in the Senate) (14:03): I have nothing to add to my previous answer.
National Security
Senator DUNIAM (Tasmania) (14:03): My question is to the Attorney-General, Senator Brandis. Can the
Attorney-General update the Senate on the counterterrorism operation that occurred in Sydney yesterday?
Senator BRANDIS (Queensland—Attorney-General, Vice-President of the Executive Council and Leader of
the Government in the Senate) (14:03): Thank you, Senator Duniam, for asking a serious question. This morning,
the New South Wales Joint Counter Terrorism Team charged two juveniles with terror-related offences, being:
acts done in preparation for, or planning, terrorist acts, under section 101.6 of the Commonwealth Criminal Code,
an offence which attracts a penalty of life imprisonment; and membership of a terrorist organisation, under section
102.3 of the Criminal Code, an offence which attracts a maximum penalty of 10 years imprisonment.
The juveniles, both aged 16 years, were arrested yesterday, by the New South Wales police, in possession of
two bayonet-type knives. This successful disruption is the result of the highly effective coordination of the New
South Wales Joint Counter Terrorism Team, which includes the New South Wales police, the Australian Federal
Police and ASIO. Australia's law enforcement and security agencies are among the best in the world, and, on
behalf of the government, I commend those officers for disrupting, quickly and safely, what is alleged to have
been plans for an imminent terrorist attack.
I can further advise there is no ongoing threat to the community in relation to this particular incident.
Nevertheless, the national terrorism threat level remains at 'probable', as it has been since, under the old scheme, it
was elevated to 'high' on 12 September 2014. That means that a terrorism event is assessed to be likely. We have
experienced four terror-related attacks in Australia since the national terrorism threat level was raised in
September 2014. This is now the 11th planned attack disrupted by our law enforcement and security agencies in
that time.
The PRESIDENT: Senator Duniam, a supplementary question.
Senator DUNIAM (Tasmania) (14:05): I thank the Attorney for the answer. Can the Attorney-General
provide further information about the current threat environment?
Senator BRANDIS (Queensland—Attorney-General, Vice-President of the Executive Council and Leader of
the Government in the Senate) (14:05): Sadly, Senator Duniam, this disruption continues to highlight the
disturbing trend of increasingly young Australians subscribing to violent terrorist ideologies, and it underscores
the need for us to remain vigilant against the ongoing threat of radicalisation in our communities.
Since 12 September 2014 when, as I have said, the national threat level was raised, 51 people have been
charged as a result of 21 counterterrorism operations around Australia. There remain around 110 Australians
CHAMBER