Nigel Scullion (NT, Country Liberal Party, Deputy Leader of the Nationals) Share this | Hansard source

I am pleased that Senator Siewert actually provided some rationale. As usual I will be as dignified as I can about that contribution. It has taken, amazingly, probably seven minutes of time. It is normally not an important matter here. But we have now been told that it is only half an hour to make a contribution to make what I consider very bad legislation better.

As Senator Siewert would know, we do not have time to achieve something that could have been achieved in a much more decent fashion. With an hour and a half to spare, the minister said, 'By the way, I've changed my mind. I've changed our position of the last three and half months and now we are supporting the Greens legislation.' Quite clearly, a deal was done, but now another deal has been done: 'We can't wait until February. We can't get it right. We now have to rush it through.' Of course, right at the end of that, they say, 'By the way, I've got some mates who say that use of the race powers in the Constitution is going to be quite okay.'

I would actually like some answers, Minister. I would love to take up time by berating my mates over there, but I really do need some answers. I am advised it is at best questionable as to whether a passing reference to include Torres Strait Islander persons will be sufficient to trigger the race power under section 51, part 26, of the Constitution. Perhaps I can broaden the question so that the advisers are not confused by something quite specific: whether it is section 8 of the Racial Discrimination Act, which talks about special powers, or whether it is the race power more generally, have you actually sought some advice about that matter?