Rex Patrick (SA, Independent) Share this | Hansard source

Just going back to the hypothetical: in this chamber we always deal with hypotheticals, because we're always dealing with laws that have not yet passed that will have effect moving forward. I think it's reasonable for Senator Hanson-Young to put a proposition. Of course, you could say that the legislation wouldn't permit that, but, in circumstances where you can't say that, it's proper for us to explore how these laws may in fact play out, particularly in circumstances where you've just said to the chamber that the words 'significant contribution' have not been defined.

I find that extraordinary because drafters, when they use language, are precise in what they do and words like 'may', 'must' and 'reasonableness' tend to play out very significantly if a matter is brought before a court. It's very difficult, in these circumstances, when a minister is granted a discretion because the courts are very reluctant to play into those sorts of discretions and to interfere. It is important to understand what that means, and I find it almost unbelievable that in the drafting of those words there isn't a definition in mind in which the words 'significant contribution' were used. There must've been some discussion, reason or definition that sits behind those very important words in the provision.