Joe Hockey (North Sydney, Liberal Party, Shadow Treasurer) Share this | Hansard source

I refer you, Mr Speaker, to order of the day No. 1 today, which was my private member’s motion in relation to Australia’s Future Tax System Review. I refer you to an interview on the AM program between the member for Lyne and the interviewer, Alexandra Kirk, where the member for Lyne says:

In regards to Henry, we had a meeting last night and that is the cross-benchers with the Treasury secretary and Government officials.

There is legal advice now that has been given to the Treasurer from the Australian Government solicitor that indicates there are some legal issues in regards to the wordings of that motion,

I refer you to the legal advice provided to Dr Henry which states:

In our view clause 2 is arguably beyond power. It could be interpreted as within power and clauses 3 and 4 are beyond power.

Given that the clerks agree with us that the motion was actually in order, I ask you to investigate this matter and to determine whether in fact an individual piece of legal advice in relation to this motion is correct or whether in fact parts of the motion were out of order, and whether it is inappropriate for this House to pass motions and to have the Secretary of the Department of Treasury seek legal advice and determine that the House is acting ultra vires.

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