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Opposition claims asylum ads ‘unlawful’ as Government continues $30 million campaign during caretaker period

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By Steven Raeburn, N/A

August 12, 2013 | 2 min read

The Australian opposition coalition’s legal affairs spokesman George Brandis has said that the Government’s continuation of its controversial asylum seeker advertising programme violates the Australian constitution.

One of the vexed advertisements, claimed to be unlawful

He said that during the interregnum between Governments, the caretaker conventions prohibited such advertising. He said the conventions were "part of the Constitution" and "it is unlawful to violate them".

"Never before in Australian history has an Australian government openly violated and trashed the caretaker conventions," Senator Brandis said.

"Those ads should be stopped immediately. It is unlawful for them to continue."

Mr Brandis said that Labor’s Attorney General Mark Dreyfus had admitted this in correspondence to coalition leader Tony Abbott, seeking approval as per the perceived constitutional requirements to restart the ads. In the letter Dreyfus reportedly said the ads "may only re-commence subject to agreement from the opposition.”

Mr Brandis said: "by Dreyfus's own admission . . . that is exactly what they are doing.”

Immigration minister Tony Burke said: "the caretaker provisions provide for consultation; consultation has occurred".

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