Prime Minister Tony Abbott has conceded there is a risk the federal government's plan to strip citizenship from dual nationals involved in terrorism could face a High Court challenge.
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Mr Abbott said on Sunday that the government would press ahead with introducing the legislation some time in the next fortnight.
Although it was impossible to stop people from challenging legislation in the courts, Mr Abbott said the government was "as confident as we can be that the legislation we have in mind will minimise constitutional challenge".
Earlier in the day, Education Minister Christopher Pyne refused to be drawn on whether he supported one of the most contentious parts of the government's latest counter-terrorism package – giving the immigration minister the power to revoke nationality even in cases where someone has not been convicted of a crime.
"This is a matter for national discussion," Mr Pyne told Channel 10 on Sunday morning.
He was one of five ministers who reportedly raised concerns in cabinet earlier this month about the ministerial oversight provision.
"As a member of the cabinet it would be unwise of me to pre-empt the final decision of the cabinet," Mr Pyne said.
"So I will continue to keep my counsel within the cabinet and hope that it doesn't leak into the newspapers."
Mr Pyne also flagged the prospect that the legislation could face a High Court challenge.
"There's always a risk involved in every decision like this, every piece of legislation, particularly around national security," Mr Pyne told Channel 10.
The government has been pushing the opposition to declare its support for the legislation.
Opposition Leader Bill Shorten has given it his in-principle support but says he wants to read the detail of the legislation.
Immigration spokesman Richard Marles said on Sunday he agreed with concerns raised by former independent national security legislation monitor Bret Walker about the ministerial oversight provision.
"Bret Walker, who authored the report, the basis upon which these recommendations are meant to come, makes the point he always thought this should not happen unless there was a conviction recorded. That implies a full court process. I've got to say, to me, that's what makes sense," Mr Marles told ABC television on Sunday.
News Corp papers reported at the weekend that Mr Walker had raised concerns about the government's plans.
"Minister Peter Dutton is saying he's not going to have ministers second guessed by the courts," Mr Walker was quoted as saying.
"Well, this is a very radical view. I hope that someone has told him that all ministers' actions are subject to judicial review."
