Mike Freelander (Macarthur, Australian Labor Party) Share this | Link to this | Hansard source

On behalf of the Speaker, it is my duty to draw to the attention of the House the fact that one of the Senate amendments conveyed by this message raises an important point of constitutional principle.

Proposed amendment (4) would have the effect of changing the persons to whom additional amounts under section 80 of the Military Rehabilitation and Compensation Act 2004 are payable.

Senate amendment (4) is covered by section 53 of the Constitution because it changes the destination of money appropriated by section 423 of the Military Rehabilitation and Compensation Act 2004. Thus, the amendment should have been made to the House as a requested amendment.

The matter for consideration is not so much one of the privileges and rights between the two houses, but observance of the requirements of the Constitution concerning the powers of the houses.

I am advised that, in the application of standing order 180, a change to the destination of money drawn from an existing appropriation is considered to be a proposal requiring a message from the Governor-General under section 56 of the Constitution. I understand that such a message has been obtained in this case.

If the House wishes to entertain the proposal reflected in the Senate's proposed amendment, the House may choose to proceed by alternative means.

Matt Keogh (Burt, Australian Labor Party, Minister for Veterans’ Affairs) Share this | Link to this | Hansard source

I move:

That the:

(1) House endorses the statement of the Speaker in relation to the constitutional questions raised by Message No. 428 transmitted by the Senate in relation to the Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024; and

(2) message be considered immediately.

Question agreed to.

I move:

That the Senate's purported amendment (4) be disagreed to.

I am moving that the amendment be disagreed to only for the reason of the constitutional issues that were raised in the statement by the Deputy Speaker. The content of the amendment is not disagreed to, and it's proposed that the content of that amendment be moved as an amendment in the House so that it all has the same import in the final legislation. This is merely to do with the constitutional issue raise by the Deputy Speaker.

We will move through a process of disagreeing to the Senate's purported amendment. We'll then have the message from the Governor-General. We'll then move that amendment in the House, agree that and then agree the remaining amendments from the Senate so that the bill is then finalised here, in the House. I look forward to the agreement of all in the House to make sure that we are able to pass this bill today.

Barnaby Joyce (New England, National Party, Shadow Minister for Veterans' Affairs) Share this | Link to this | Hansard source

As we note, through this process, we have worked as close as we can in a bipartisan form. I'm taking on honour and truth that we have a constitutional issue here. The issue is that—as long as the intent of that amendment is provided for in a form of concurrency with this debate, otherwise we're going to have a blue with the Senate, because they're going to say, 'You duped us in the House.' We don't need that grief. On that premise, I'm happy to go forward and concur with the minister, and then I look forward to us having the House amendment so we can get the intent put forward.

Question agreed to.

Message from the Governor-General recommending appropriation for requested amendments announced.

Matt Keogh (Burt, Australian Labor Party, Minister for Veterans’ Affairs) Share this | Link to this | Hansard source

I move:

That the amendment set out in the schedule circulated to honourable members be made in place of the Senate's purported amendment (4) which has been disagreed to.

Question agreed to.

I move:

That Senate amendments (1) to (3) be agreed to.

Question agreed to.

(Quorum formed)