David Johnston (WA, Liberal Party, Minister for Defence) Share this | Hansard source

by leave—I move government amendments (5) and (6) on sheet AF272 together:

(5) Schedule 1, item 39, page 17 (line 8), omit "paragraph 5D(1)(c) or".

(6) Schedule 1, item 41, page 19 (line 6), omit "paragraph 5D(1)(c) or".

I note that our amendments oppose section 5D and item 8 of schedule 1. Through government amendment (3), we will be seeking that 5D, as amended, in item 8 of schedule 1 stand as printed. Government amendments (5) and (6) are consequential to that. The background, which Senator Ludlam invited me to comment upon, is that government amendment (3) deletes section 5D, which provided for functions to be performed only when directed by the minister. This has the effect of removing the minister's authority to direct Infrastructure Australia on the publication of materials and to confer additional functions, such as provisions for advice on the harmonisation of policies and laws relating to the development of and investment in infrastructure. The original intent of this section was to provide a positive power which allowed the minister to direct Infrastructure Australia to publish its findings, while striking the right balance with commercial-in-confidence matters. This will now be the responsibility of Infrastructure Australia, in accordance with general law principles, and those principles were set out in my summation to the second reading speeches.