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

Mr President, on a point of order: relating to standing order 164(3), it is, of course, open to a senator to, at the conclusion of question time, ask a question in relation to non-compliance in relation to an order for the production of documents. I do note that part (3) of standing order 164 is very clear that it is:

If a minister does not comply with an order for the production of documents, directed to the minister, within 30 days after the date specified for compliance with the order…

I'd invite you, Mr President, to look at this particular matter, in that the question and the order for the production of documents that Senator Faruqi raises, indeed, has had a response provided to the Senate. It's a response that identifies that no such documents exist in relation to the order moved by Senator Faruqi and carried by the Senate. Mr President, that is compliance with the order. The standing order that Senator Faruqi raises this matter under requires non-compliance for the questioning to be valid. I'm not sure how a minister is meant to provide for compliance where no such documents exist, other than to inform the Senate of such.