Marise Payne (NSW, Liberal Party, Minister for Foreign Affairs) Share this | Hansard source

Senator, with respect, I don't actually agree with you, no. I do think that the implementation of the legislation will, in fact, provide greater certainty, greater awareness, greater communication and greater transparency in the engagement between the Commonwealth and the states and territories, for example, and in universities as well. I don't think that shifts or changes in foreign policy that are responsive to current international developments are a threat to legal certainty. There are contractual frameworks which already account for changes to laws or changes to foreign policy. They would include changes to sanctions laws. They would include counterterrorism laws or anti-money-laundering obligations. That can occur very quickly to address national security concerns. I've seen that happen myself on multiple occasions in my time in the Senate. So I don't agree with you, Senator, that it's a threat to legal certainty. I do think that the process of implementation of the bill will establish, if you like, a rhythm and a system with which state and territory governments will be strongly engaged and deeply embedded with the department's Foreign Arrangements Taskforce. Part of the stocktake process will be doing that analysis which will provide that guidance—that direction, if you like—for arrangements that are developed in the future. I know there have been questions raised in relation to legal certainty, but I think those points I've made around the changes in law or foreign policy that flow from changes in the international environment are a good example of how arrangements are able to withstand that. This will make them more robust. This will give them greater certainty and a greater underpinning that they are consistent with Australia's foreign policy and Australia's foreign relations.