Your phrasing there is not the clearest, but if I am understanding you correctly, would that not then be the 'fault' of the Australian government? A country can write whatever laws they want, but it's ultimately up to the country hosting those individuals to determine whether those laws mean anything. For a contemporary example the several Mueller indictments of Russian nationals are completely meaningless. They will never face a day in court because the Russian government does not tend to yield to US influence. There's 0 reason that e.g. the Australian government could not behave similarly, if they so wished. It comes with political and other risks, but so is the same with all decisions people make.