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

I'm glad that you are quoting from the Solicitor-General's advice, Senator Cash. You might also like to refer to paragraph 11, where the Solicitor-General writes:

The proposed amendment is not only compatible with the system of representative and responsible government established under the Constitution, but it enhances that system.

He also writes, at paragraph 17:

… the introduction of proposed s 129 into the Constitution would not alter the existing distribution of Commonwealth governmental power summarised above.

He goes on to say, at paragraph 19(a):

Proposed s 129 would not impose any obligations upon the Executive Government to follow representations of the Voice, or to consult with the Voice prior to developing any policy or making any decision. The text of proposed s 129 imposes no such requirements. Further, no such requirements can be implied by reference to proposed s 129(ii)…

So, again, Senator Cash, you seem to be on your own in suggesting that there is some risk of an implied right, and I have stated on a number of occasions now that there is no duty to consult. There is no duty to obey. There is a constitutional duty or right to make representations. I'm afraid that's another scare campaign that has no legs.