Yes. More recently, the AFP was found not to have had a valid warrant to raid Annika Smethurst’s underwear drawer … but they were allowed to keep the results of the raid anyway and may yet use those results in a prosecution against her.
I wasn’t disputing the validity of Ministerial Determination in general but the validity of this particular part of the Act and this particular use of the Act.
We are in uncharted waters here. I don’t recall the use of an MD under this Act that is of such a general nature - and straying well beyond direct control of biosecurity (such as orders to seize and detain specific diseased individuals).
We know how that one goes though. Everybody gets a high-powered legal opinion that supports the point of view that suits them. The Health Minister might get the seal of approval - while a nefarious government agency would get a legal opinion that says the exact opposite - so that they can use COVID data for a few years until a) they even get caught doing it and b) they eventually lose in the High Court and c) they get to keep the evidence and the successful prosecutions that relied on illegally obtained evidence are upheld.
Has the Health Minister even released the AGS’s advice?
I know this is a silly game that politicians play i.e. refusing to release the advice, citing confidentiality - until forced to by a Senate enquiry.
