Slade Brockman (WA, Liberal Party) Share this | Hansard source

For those waiting in the chamber, I'll make only a brief contribution on this matter. I'll take a slightly different approach not in substance or outcome but in terms of the content of my contribution. I think it's really important to dispense with this idea that this is somehow an attack on ACT self-government. We heard that from the Labor government here today. We heard that from Senator David Pocock. I don't think we heard it directly from Senator Shoebridge, but he certainly interjected it. This has got absolutely nothing to do with ACT self-government.

The fact is that we live in a federation, and I think it's fair to say that in this place I'm probably one of the strongest defenders of the federal system of government that we have. I'm a believer in federation. I'm a believer in the idea that the states and the territories have rights and responsibilities. But the rights and responsibilities that flow to a territory are different—they're different in substance and in practical effect—from those that flow to states and are held by states under our Constitution, and that is something that is very important to remember.

The presence of this place in this city is important. We are the federal parliament. We sit as a body within the ACT, the Australian Capital Territory. Not only do we have the responsibility to make sure that what happens within the ACT is of benefit to all Australians; we have an obligation to do that as the senior parliament in this nation. The idea that, because the ACT is self-governing and has a parliament, we now just turn our eyes away from the ACT and pretend that, when we come to this place as the Parliament of Australia, we somehow do not exist within the ACT, with special responsibility for the ACT, is an absolute nonsense. It's a legal nonsense and a complete fiction.

What we're trying to do here today, contrary to some of the words you've heard from those opposite, is not to abrogate any power; it is to hold an inquiry. When this government came into power, it talked a lot about transparency and openness. We certainly hear that rhetoric a lot from the others on the crossbench. The Greens and Senator David Pocock, in particular, often talk about the importance of holding inquiries and transparency. As Senator Hughes quite rightly pointed out, when it suits them they're quite happy to have inquiries on matters that impact territory governance, but, when it doesn't suit them, suddenly it's attacking territory rights. It's somehow abrogating the role of self-government in the ACT. This is just a nonsense. The people making that argument know it's a nonsense when they stand up in this place and make that claim.

This body, the Senate, has constitutional authority to hold an inquiry of this sort and, given the nature of the matters under discussion, I believe we have an obligation to hold an inquiry. The ACT is a special jurisdiction. It is the home of our Defence Force and our intelligence agencies. It is the place which the governance of Australia is, in large degree, managed from. The idea that laws such as these don't have serious implications at the Commonwealth level is just ridiculous. Everyone knows that these laws have potential implications. They have implications for the AFP and for every agency that works in the ACT, including Defence and our security agencies. If anyone doesn't understand that, I think they really should just think about things for five minutes longer than, clearly, they have already.

This is a matter that deserves consideration by the Senate. It's fully within our authority to consider. Doing so does nothing to challenge or abrogate the ideal of self-government in the ACT, and it should be supported by all in this place.