Paul Fletcher (Bradfield, Liberal Party, Shadow Minister for Government Services and the Digital Economy) Share this | Link to this | Hansard source

Prime Minister, will the Voice need to be consulted on defence and foreign affairs matters?

Anthony Albanese (Grayndler, Australian Labor Party, Prime Minister) Share this | Link to this | Hansard source

The question that will be asked is:

A Proposed Law: to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice.

Do you approve this proposed alteration?

That's the question. Here is the proposed change in the Constitution. The first bit is the recognition:

In recognition of Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia:

1. There shall be a body, to be called the Aboriginal and Torres Strait Islander Voice;

2. The Aboriginal and Torres Strait Islander Voice may make representations to Parliament and the Executive Government—

the same words used by the shadow Attorney-General in his submission way back in 2014—

of the Commonwealth on matters relating to Aboriginal and Torres Strait Islander peoples;

That's there. And then the third clause gives primacy to this parliament for what will be considered. It says—

Paul Fletcher (Bradfield, Liberal Party, Shadow Minister for Government Services and the Digital Economy) Share this | Link to this | Hansard source

Mr Speaker—

Milton Dick (Speaker) Share this | Link to this | Hansard source

The Prime Minister is directly being relevant to the question regarding the Voice and the referendum. He is reading information into the Hansard regarding specifically what you asked about. I'll hear from the Manager of Opposition Business.

Paul Fletcher (Bradfield, Liberal Party, Shadow Minister for Government Services and the Digital Economy) Share this | Link to this | Hansard source

The question could not have been tighter: will the Voice need to be consulted on defence and foreign affairs matters?

Milton Dick (Speaker) Share this | Link to this | Hansard source

Yes, I understand the answer that you're looking for, but the Prime Minister can answer the question how he sees fit as long as he's within the standing orders, and currently he is within the standing orders.

Anthony Albanese (Grayndler, Australian Labor Party, Prime Minister) Share this | Link to this | Hansard source

This goes to what will be considered by the Voice:

3. The Parliament shall, subject to this Constitution, have power to make laws with respect to matters relating to the Aboriginal and Torres Strait Islander Voice, including its composition, functions, powers and procedures.

This is an assertion of the primacy of the parliament for what the Voice will consider. That is why it is consistent with the views put forward by constitutional conservatives. This is a conservative and modest proposal that has been made even tighter as a result of the additional words that were added between the Garma speech and last Thursday to the legislation that will be introduced. The two key words there are 'matters' and 'including'. The primacy of the parliament is made very clear by those words, which is what the former chief justice French has agreed.

Opposition members interjecting—

Milton Dick (Speaker) Share this | Link to this | Hansard source

The member for Bowman will leave the chamber under 94(a).

The member for Bowman then left the chamber.

Anthony Albanese (Grayndler, Australian Labor Party, Prime Minister) Share this | Link to this | Hansard source

It's what Anne Twomey has agreed. It's what the shadow Attorney-General knows full well, as well, because it's consistent with what he has been saying for years.