Richard Colbeck (Tasmania, Liberal Party, Parliamentary Secretary to the Minister for Finance and Administration) Share this | Hansard source

I certainly do, and you might hang around for some comments in committee, Senator. The government firmly believes that it is important for people to have a democratic say in matters that will affect them. The Commonwealth Electoral Amendment (Democratic Plebiscites) Bill 2007 will achieve this for all Australians, not just for the people of Queensland. I welcome the support of my fellow senators for this bill and I welcome the unanimous recommendation by the Senate Standing Committee on Finance and Public Administration in its report on its recent inquiry into this bill, namely that the bill should be passed. I note that the committee made three other recommendations. I will return to these at a later stage.

I would like to thank the committee for their comprehensive inquiry into the matters associated with the bill. As senators are aware, this bill gives effect to the Prime Minister’s announcement on 7 August 2007 to allow the Australian Electoral Commission to undertake any plebiscite on the amalgamation of any local governing body in any part of Australia. This was in response to the Queensland parliament passing a law on 10 August 2007 which would have prevented councillors in that state from having any involvement with a plebiscite on local government matters. We welcome the Queensland government’s backdown over its threat to penalise councillors for conducting or taking part in any plebiscites on local government matters. This was in direct response to this government’s sustained pressure to allow Queenslanders to express their views on the amalgamations without penalty.

This government did not intend to stand by idly while the Queensland government prevented councillors in that state from having any involvement with a plebiscite on local government matters. This government was, and is, prepared to have Commonwealth legislation override any draconian laws such as those passed in Queensland. As the Prime Minister has reiterated on a number of occasions, this government is not expressing a view on whether or not an individual amalgamation should occur. Rather, the Commonwealth believes that people should have the right to express a view on the actions of a government without threat of penalty. This bill achieves this outcome.

Since 1992, the Australian Electoral Commission has had the ability to enter into arrangements to supply goods and services to a person or body. The Australian Electoral Commission presently conducts elections for trade unions, for employer and other organisations, and for other foreign countries. This bill does not propose that the Australian Electoral Commission perform different functions. Rather, what it does is clarify that the use and disclosure of information by the Australian Electoral Commission is authorised for the purpose of conducting an activity such as a plebiscite.

Contrary to some media reports and commentary on this bill, the government is not directing the AEC to undertake any particular plebiscite activity. The AEC retains its independence under this bill. The bill does not contain a power for anyone to direct the AEC to undertake a plebiscite or similar activity. Clarifying that the Australian Electoral Commission has the authority to use and disclose information it holds will ensure that people are able to express their views on proposals that may affect their democratic rights. Because this government is committed to ensuring that people are able to express their views on proposals that may affect their democratic rights, the bill also contains provisions that override state or territory laws if those laws seek to prohibit, penalise or discriminate against anyone for entering into, or proposing to enter into, an arrangement with the Australian Electoral Commission. The timing for any activity, such as a plebiscite, as part of an arrangement entered into following the passage of this bill, will be determined by the Australian Electoral Commission.

Turning to the Senate committee’s recommendations in its report, the government notes the recommendation relating to the reimbursement of expenses incurred by Mr Hayward, the Chief Executive Officer of the Tambo Shire Council, in recognition of the expenses he incurred in funding its plebiscite in an effort to give the community a say and to protect its councillors from punitive fines and dismissal. Failing that, the committee recommended that the Commonwealth government, consistent with its policy of funding local government plebiscites in Queensland, consider reimbursing Mr Hayward. The Australian government considers that Mr Hayward should be reimbursed for the expenses he incurred in funding a plebiscite on the proposed amalgamation of the council. He made his arrangements in the light of the Queensland approach which removed a previous right to hold such plebiscites. The Australian government believes that either the Tambo shire or the Queensland government should be responsible for making the reimbursement.

In relation to the recommendation for continuing dialogue with local government on constitutional recognition, the government supports this in principle. The Australian government has an ongoing dialogue with individual local governments as well as local government representative organisations. The issue of constitutional recognition of local government has been unsuccessful in two previous referenda and the Australian government is not convinced at this stage that another referendum would have a different result. The Australian government is open to further consultation with local government representative organisations regarding the objectives and form of the sector’s proposals for constitutional recognition.

Debate interrupted.