There could be constitutional problems with executive detention if it is seen to be arbitrary. I didn't actually say that the NSW Government's proposed anti-terrorism bill was necessarily unconstitutional - that was sloppy journalism - I said that executive detention may raise constitutional problems if it is seen to be arbitrary as being an invasion of the judicial function.
George BrandisI am because the Chinese have agreed - entered into this agreement in 1997. It sets out the circumstances in which the release of a prisoner who is the subject of a transfer may occur in exceptional circumstances. So the Chinese, having agreed to those principles, I'm sure have no objection to them being applied in this particular case.
George BrandisI don't really know a lot about these 'anti-protest' laws. I'm only vaguely aware of them, but I don't have enough detailed knowledge about them to comment.
George BrandisAbdul Nacer Benbrika's sentence doesn't expire, I'm told, until 2021, but I think it would be invidious for me as the Attorney-General to talk about individual cases or to anticipate the way in which a court, because it would be a judicial decision, might at some unspecified future time dispose of an application under a law that hasn't even yet been enacted.
George BrandisThat was an extremely unhelpful thing for Bill Shorten to say because those of us - and as the Attorney-General I've been closely involved in this along with my colleague Nigel Scullion, the Minister for Indigenous Affairs - what we have been trying to do for some years now, throughout the life of the Coalition Government in fact, is to bring the Australian people on a journey with us - conservative Australians as well as more progressive Australians, to persuade them that it is a seemly and fitting and decent and appropriate thing to recognise the first Australians in the Constitution.
George Brandis