Mr Tony Burke (Watson, Australian Labor Party, Shadow Minister for Finance) Share this | Link to this | Hansard source

My question is to the Prime Minister. The Prime Minister, in an earlier answer, said there were no current plans to change the wording of section 18C of the Racial Discrimination Act, but he did not endorse the wording which is currently in place and has been in place for more than 20 years. Can the Prime Minister provide any example of a comment that is currently prohibited by 18C of the Racial Discrimination Act that the government believes should be permitted? Will the Prime Minister rule out any change this term?

Ms Collins interjecting—

Tony Smith (Speaker) Share this | Link to this | Hansard source

I remind the member for Franklin she has been warned. The Leader of the House on a point of order.

Christopher Pyne (Sturt, Liberal Party, Leader of the House) Share this | Link to this | Hansard source

Mr Speaker, you may already have been about to rule on this question, but the point is that under the current standing orders he cannot ask the Prime Minister for a legal opinion, and clearly he is asking him for a legal opinion.

Tony Smith (Speaker) Share this | Link to this | Hansard source

On the point of order, the standing orders do prohibit questions asking a legal opinion. The mere absence of the words 'legal opinion' does not make the question in order. I am going to give the Manager of Opposition Business a chance to rephrase his question, but at the moment—

Mr Pyne interjecting—

The Leader of the House will cease interjecting.

Mr Tony Burke (Watson, Australian Labor Party, Shadow Minister for Finance) Share this | Link to this | Hansard source

I have asked about the government policy under the current act.

Tony Smith (Speaker) Share this | Link to this | Hansard source

I have ruled on the point of order. In my judgement, it does ask a legal opinion, certainly in the second half. I have offered an opportunity to rephrase the question. I am not going to have a negotiation. If you would like to rephrase the question, rephrase it, otherwise we will move on.

Mr Tony Burke (Watson, Australian Labor Party, Shadow Minister for Finance) Share this | Link to this | Hansard source

Will the Prime Minister rule out any changes to the Racial Discrimination Act this term?

Government Member:

A government member interjecting—

Tony Smith (Speaker) Share this | Link to this | Hansard source

I have given him an opportunity to rephrase the question. He has rephrased it.

Christopher Pyne (Sturt, Liberal Party, Leader of the House) Share this | Link to this | Hansard source

Under the standing orders, of course, supplementary questions are not allowed. Clearly that question is so diametrically different to the question he was going to ask that he must think it is a supplementary question. Therefore, it cannot be in order because supplementary questions are not in order.

Tony Smith (Speaker) Share this | Link to this | Hansard source

It is not a supplementary question, because there was not a question that was answered that would allow a supplementary question. The Manager of Opposition Business has asked his question.

Malcolm Turnbull (Wentworth, Liberal Party, Prime Minister) Share this | Link to this | Hansard source

I repeat what I said to the member for Isaacs: the government has no plans to change section 18C.