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

I thank senators for their contributions on Senator Patrick's amendment. The government will be opposing this amendment on two grounds. Firstly, the rules are currently the subject of public consultation and, in doing so, the government is enacting and implementing Australia's obligations under the International Labour Organization convention concerning employment policy that requires consultations with representatives, employers and workers. We're undertaking this consultation in good faith. We have made sure the rules are public so that the Senate can see the proposed operation of the scheme. We also want to make sure those consultations are undertaken in good faith so that we do ensure the program operates as intended and without unintended consequences. Secondly, I note that Senator Patrick's intent is to incorporate the rules in the legislation. However, because the exposure draft rules were drafted to be rules that were supplementary to the legislation, they're drafted in that manner. I understand and am advised that were they to actually be incorporated in the legislation, it would require substantial rewriting of some of the provisions and drafting to make them applicable and effective in the context of the legislation, rather than simply cutting and pasting the rules across into the legislation. So there's a technical reason why it is difficult, at present. Regardless of that technical reason, the government is in the midst of finalising the consultation and we wish to achieve and finalise that in good faith with proponents, rather than tie hands through the legislative process. If there are minor issues, and I stress minor—the intention is very much that the rules we have published are about delivering the scheme as we have promised.