Penny Wong (SA, Australian Labor Party, Minister for Climate Change and Water) Share this | Hansard source

We do not regard these amendments as necessary, although my attitude differs slightly between amendment (21) and (22) and I invite the chamber to consider that. In relation to amendment (21), my advice is that we do not consider it to be necessary. There is a general principle that if a minister exercises powers under an act it would need to be in accordance with the purpose and object of the act. But the government are not of the view that this is so pressing that we would be standing firm in opposition to it.

Amendment (22) deals with the issue that we dealt with last night, Senator Siewert, in amendments to section 44. What I said to you at that time was that the existing act—that is, Mr Turnbull’s act, so I am surprised that the opposition want to amend this again—already makes clear what the minister cannot make a direction on. Section 44(5) goes through the things the minister must not make a direction on, so we consider this amendment to be duplicative and unnecessary.

Our view is that, whilst we think it is unnecessary, the government do not oppose amendment (21) if the Senate wishes to insert it. We do think amendment (22) is unnecessary for the reasons I articulated last night, and we would oppose that.