Marise Payne (NSW, Liberal Party, Minister for Human Services) Share this | Hansard source

I thank the senator for his supplementary question. The government always takes into account the positives and potential negatives when making decisions such as this, and I think I said before that we are willing to consider the inclusion of ISDS provisions in the TPP if the balance of the package is in Australia's best interest and there are safeguards in ISDS for public welfare measures. It is important to note on the record that ISDS does not protect an investor from a mere loss of profits. An investor must establish that the government has breached an investment obligation. The ISDS does not prevent a government from changing its policies or from regulating in the public interest. It is not enough that an investor does not agree with the new policy or that a policy adversely affects its profits. What an investor must establish is that the government has breached an investment obligation.