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

I don't believe that would be the case. I stand to be corrected, and will double-check for the senator. But, as I indicated in my answer to Senator Hanson previously, if you look at the reasons ISDS has not been used against the Australian government, you will find that there are two primary reasons. One relates to the behaviour of Australian governments of both persuasions, which don't give cause to the types of behaviours that would necessitate the use of an ISDS provision or indeed any other claims against Australian governments. The second reason relates to the strength of the rule of law that is operable in Australia and the opportunities that investors in Australia, be they domestic or foreign investors, have to pursue any claims they may have against Australian governments in relation to the decisions of those governments.

So I think the compounding factors there are such that, as I say, there's no scenario I can conceive of where an ISDS provision would provide preferential access for people to dispute matters in Australia in a way that couldn't be done through normal domestic provisions and arrangements.

Progress reported.