Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Hansard source

As I said, I think we're all becoming accustomed to Senator Shoebridge's style of argument, which is to say that if you don't agree with what he's saying then you're in some way a terrible person. We've heard that loud and clear. But we're confident that the legislation we have put forward to the parliament strikes the right balance and, for the very first time, sees an Australian government taking issues of corruption seriously at the federal level.

Senator Shoebridge's first amendment, item (2), seeks to reinsert a paragraph in the bill as to the definition of corrupt conduct: I'm sure Senator Shoebridge is aware that what we've done in omitting that paragraph is to accept the recommendation of the joint select committee that looked at this bill. That was a joint select committee that included representatives of the Australian Greens. That committee recommended this clause be omitted from the bill, that committee included members of the Greens, and that's what we're doing.

I might also point out that Senator Shoebridge has tried to characterise the people who support the government's position as being some kind of a minority. That's a minority that includes the Law Council of Australia and the Australian Human Rights Commission, who also agree with the government, and, for that matter, the joint select committee, that this clause should be omitted from the bill.

Paragraphs 8(1)(a) to 8(1)(d) of the bill, which are retained here, would provide the commission with broad jurisdiction to investigate corrupt conduct consistent with most state and territory models. The government is confident that the amended definition of 'corrupt conduct' will enable the commission to effectively investigate any form of serious or systemic corrupt conduct that is referred to it or that it may identify itself. For that reason, we won't be supporting that amendment.

In relation to the second amendment, item (3): as the Attorney-General has noted, there's a point at which the making of discretionary grants can cross the line into corruption—referred to as pork barrelling—where public money is being given away for private purposes. The bill would enable the commission to investigate serious or systemic corrupt conduct in relation to a discretionary grants program where that conduct may involve a breach of public trust or dishonest or partial conduct. These are well-established concepts which are being considered by the New South Wales Independent Commission Against Corruption in its Operation Jersey. If there are circumstances where grants are allocated dishonestly or for an improper purpose, the commission has the power to decide to investigate if it is of the opinion that this could involve serious or systemic corruption. There is a range of other activity going on within the Albanese government in this space, including the Minister for Finance considering opportunities to strengthen the Commonwealth Grants Rules and Guidelines. For these reasons, the government does not support this amendment.