Sam Dastyari (NSW, Australian Labor Party) Share this | Hansard source

I note the chair and I note we have had a fairly free-flowing debate across a range of topics to do with voting reform.

Senator Cormann interjecting—

No. Senator Cormann, I note the comments that I am making do bear reference not only to the specific question, and I will get to the direct point, but there has been a debate that has involved the leader of the Greens, another Greens senator, the leader of the Australian Labor Party, you and others. I believe that my comments do go to that broader debate, but I will make sure they are as relevant as possible.

What we are facing here is the prospect of a double-D election being brought forward, and what this amendment does—

Government senators interjecting—

No, we are not pretending. I think Senator Wong was very clear about what the effect and purpose of this amendment is. The effect and purpose of this amendment is that this voting reform restructure would not be available for a double dissolution election were it to be held on, I think, 2, 9 or 16 July, which are the three possible dates for a double dissolution election that would not have the Senate be backdated a year.

Right now, and this is a matter of fact, a double dissolution election can be held if the government is able to satisfy the Governor-General that the correct criterion has been met, and that criterion as set out in section 57 of the Constitution is a bill failing to pass in a period of three months, after two different attempts. There are a lot of technicalities around that, how that is interpreted and historical precedent—but this is not the time or the place to go through that historical record. Again, all of this is in the eye of the beholder, the beholder here being the Governor-General.

But it is fairly clear cut that there are two triggers at the moment for a double dissolution election. There is the legislation around the Clean Energy Finance Corporation and there is the legislation around registered organisations. In terms of the Clean Energy Finance Corporation, again it is hard to work out where exactly the government sits. I asked Senator Cormann in this place during question time, I think, three weeks ago: is it the government's intention to abolish the Clean Energy Finance Corporation?