Tony Smith (Casey, Liberal Party, Deputy Chairman , Coalition Policy Development Committee) Share this | Link to this | Hansard source

My question is to the Assistant Treasurer. Can the Assistant Treasurer, in his capacity as the minister responsible for the Australian Taxation Office, advise whether the payment from the Australian Labor Party to the member for Dobell is assessable under the Income Tax Act? Can the minister advise whether he was involved in any discussions relating to the payment?

Honourable Members:

Honourable members interjecting—

Anthony Albanese (Grayndler, Australian Labor Party, Leader of the House) Share this | Link to this | Hansard source

Mr Speaker, I rise on a point of order. The question is out of order because it seeks an opinion from the Assistant Treasurer. Clearly the way that the question was designed did just that.

Honourable members interjecting—

Harry Jenkins (Speaker) Share this | Link to this | Hansard source

Order! The House will come to order.

Luke Hartsuyker (Cowper, National Party, Deputy Manager of Opposition Business in the House) Share this | Link to this | Hansard source

Mr Speaker, I rise on the point of order. The question is not after an opinion; it is a question of fact as to whether the payment was assessable.

Honourable members interjecting—

Harry Jenkins (Speaker) Share this | Link to this | Hansard source

Order! The House will come to order.

Mark Dreyfus (Isaacs, Australian Labor Party, Cabinet Secretary) Share this | Link to this | Hansard source

Mr Speaker, I rise on the point of order. It might suit you, Mr Speaker, to consider all reasons for objecting to this question. There is another objection in that it invites the Assistant Treasurer to breach section 16 of the Income Tax Assessment Act.

Honourable members interjecting—

Harry Jenkins (Speaker) Share this | Link to this | Hansard source

Order! The House will come to order. The Leader of the House will resume his seat.

Mark Dreyfus (Isaacs, Australian Labor Party, Cabinet Secretary) Share this | Link to this | Hansard source

Just to make it clear, Mr Speaker, that is a secrecy provision. It is not open to the Assistant Treasurer to answer the question at all.

Honourable members interjecting—

Harry Jenkins (Speaker) Share this | Link to this | Hansard source

Order! The House will come to order.

Kevin Andrews (Menzies, Liberal Party, Shadow Minister for Families, Housing and Human Services) Share this | Link to this | Hansard source

Mr Speaker, on the point of order, can I respectfully disagree with my learned friend across the chamber on two bases? The question is in two parts. The first part of the question clearly is requesting a fact not an opinion. The second part of the question concerns a factual matter: was the minister involved in any discussion relating to the payment? That is clearly a factual matter within the knowledge of the minister.

Harry Jenkins (Speaker) Share this | Link to this | Hansard source

Now we have got the second part into the frame, it sounded the easy part, but I would struggle to find out where that was within the minister's administration. As you know, throughout the last parliament I had concerns about questions to the Prime Minister about the actions of backbenchers. It has seemed to me that over the last week and a bit the questions that have been asked to the Prime Minister were in order, but that is on the basis that she is the leader. On the question about whether this is an opinion or not, there are precedents, I believe, where similar questions have been asked on the basis that they are generalities. If we were to take the very literal question, it would be outside the standing orders, but I do not think that is the way the House has treated them in the past. But I think that people would understand that the response from the Assistant Treasurer will be couched in a way where he has to acknowledge his responsibilities as minister against the way in which the Tax Office, independent of him, would actually adjudicate. I invite the Attorney-General.

Robert McClelland (Barton, Australian Labor Party, Attorney-General) Share this | Link to this | Hansard source

If I may, in so far as the question sought an opinion—

An incident having occurred in the gallery—

Harry Jenkins (Speaker) Share this | Link to this | Hansard source

Order! Over the last couple of days I have been pretty tolerant of behaviour in the galleries. Every effort is made to make sure that the galleries are available for people to come in to witness the proceedings of the parliament. It is not an invitation to involve themselves in the proceedings. The Attorney-General has the call.

Robert McClelland (Barton, Australian Labor Party, Attorney-General) Share this | Link to this | Hansard source

I think it has been the precedent in this parliament that, while there has been some scope for seeking opinions, as a matter of generality questions have not been permitted if they seek a legal opinion. I think the first part of the question clearly sought a legal opinion. In terms of the practice followed by my immediate predecessors attorneys-general, that was certainly an approach that they took in terms of declining to answer such questions.

Harry Jenkins (Speaker) Share this | Link to this | Hansard source

I repeat that I have been specific in my indication to the House that it would realise that the minister, in being invited to give a response, may find constraints on his ability to provide information to the House. I will not have points of order or objections about that. The Assistant Treasurer has the call.

Bill Shorten (Maribyrnong, Australian Labor Party, Assistant Treasurer) Share this | Link to this | Hansard source

As much as I am tempted to ask what the question was because it has been so long since it was asked, what I do understand is the following: the payment of fees is assessable income of the person who received the payment; beyond that I am not going to comment about the tax affairs of either the member for Dobell, the ALP, any lawyers or anyone else involved in these matters. Furthermore, I invite—I have just forgotten; member for Casey, are you on the front bench? Sorry about that. I was just going to invite the member for Casey—

Government Members:

Government members interjecting—

Harry Jenkins (Speaker) Share this | Link to this | Hansard source

Order!

Bill Shorten (Maribyrnong, Australian Labor Party, Assistant Treasurer) Share this | Link to this | Hansard source

I am sorry he didn't back the Leader of the Opposition. I was just going to draw the member for Casey's attention to the answer of the Prime Minister to an earlier question. I see the member Randall's lips moving and as usual, nothing emerging.

Mr Dutton interjecting—

Harry Jenkins (Speaker) Share this | Link to this | Hansard source

The member for Dickson is warned.

Bill Shorten (Maribyrnong, Australian Labor Party, Assistant Treasurer) Share this | Link to this | Hansard source

The member for Dickson interjects: I just wish they would give him a question.

Harry Jenkins (Speaker) Share this | Link to this | Hansard source

The Assistant Treasurer will ignore the interjection.

Bill Shorten (Maribyrnong, Australian Labor Party, Assistant Treasurer) Share this | Link to this | Hansard source

To continue the answer—I assume the question was being asked sincerely—the Prime Minister has indicated that the Register of Interests has been updated. As the Assistant Treasurer, I am not going to comment on the tax office assessments of individuals, and I certainly agree with the Prime Minister on the remainder of her answer. In terms of engagement in any transaction including myself, the answer is no.