George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

Thank you very much indeed, Senator Hanson. There isn't a definition of marriage in the Australian Constitution, you're right. But the Australian Constitution does, by subparagraph 21 of section 51, allow the parliament to make laws in relation to marriage. The High Court decided in 2013 that the marriage power in the Constitution included the capacity to make laws for same-sex marriage. That was decided in a case between the Commonwealth and the ACT at the time. So there's no doubt about that, but the question really is, 'How should the parliament inform itself of the wishes of the Australian people?'

As you know, the government took to the last election a promise to have this matter dealt with by a plebiscite, because we consider that this is such a unique question—a question about which politicians have no greater insights or wisdom than every other citizen—and therefore every Australian should have their say. I regret to say that the proposal to have a compulsory attendance plebiscite has been blocked by this Senate not once but now twice. So the government is doing the next best thing to fulfil its commitment to the Australian people from the 2016 election and to involve as many Australians as possible in this decision, and that is the postal plebiscite that is being conducted by the Australian Bureau of Statistics.

I encourage every Australian to take advantage of the opportunity given to them to have their say. Whether you are in favour of same-sex marriage or whether you think the definition of marriage should remain the same, every Australian should take the opportunity to have their say.