Yes, but the whole thing, Ms. Campbell, is qualified by “may consider the following factors” and “whether, in the Minister's opinion”. The minister does not have to consider that factor. They may or may not. I'm a lawyer, and I know what the difference is between “shall” and “may”.
Now, how would you appeal that? At present, for judicial review, you're left with the fact that under the present legislation—and I understand there's ministerial discretion—you at least have something to hang your appeal on, because you can appeal on the factors that “the Minister shall consider”. Under this bill, if the minister did not consider any of those factors, on what would you base your judicial review with a statutory regime which says clearly that Parliament has said to that minister, you may or you may not? What would you appeal on?