Simon Birmingham (SA, Liberal Party, Minister for Trade) Share this | Hansard source

The point that I just made—and the provisions have never been used successfully against Australia—is that these provisions have existed in our investment agreements and otherwise for more than 30 years. They're not some new concept dreamed up just the other day or exclusive to only this matter. They have been around for more than 30 years. There's only one case that's occurred to a point of finality. That case ultimately did not proceed and was thrown out, and the Australian government's position was upheld. So, no, I can't give you a case where they've been used successfully by a multinational company or any other against Australia, because none exists in 30 years of history.

There are, however, instances where Australian investors have, in limited cases, used these provisions. I'd also just note—and it's something that happens from the extremes at both ends of the chamber—the pejorative use of the term 'multinational companies'. These provisions could well be used by Australian family companies who also happen to invest in other markets and ought to have their investments protected, too.