George Brandis (Queensland, Liberal Party, Shadow Attorney-General) Share this | Hansard source

Excuse me, Senator Wong. May I finish? The only reason this legislation was referred to the Senate committee was so that it could be looked at and the Senate committee could make recommendations for its improvement. In many respects the government has adopted those recommendations, so in the government’s own view the process has improved the bill. So it does not really lie in the mouth of the government to say that this was about delay. Thirdly, you referred to self-managed superannuation funds, Senator Wong. This had nothing to do with self-managed superannuation funds. These are Commonwealth funds.

Fourthly, the government can take its legal advice from those who advise it. The opposition will take its legal advice from those who advise it. The opposition has considered the matter. The opposition has had the benefit of briefings from the minister’s office. So, without trespassing upon the confidentiality of those discussions, we are aware of the matters which are informing the thinking of the government. It is our considered view that the potential legal difficulties of which you speak are fanciful, that the application by the government of what I call the precautionary principle in this case has been taken too far and that the parliament may confidently proceed to pass the opposition’s amendment secure in the knowledge that it will not compromise the legal validity of the bill.