Malarndirri McCarthy (NT, Australian Labor Party) Share this | Link to this | Hansard source

My question is to the Minister representing the Minister for Revenue and Financial Services, Senator Cormann. What communications did the minister or the minister's office have with the Australian tax office in relation to its decision to seek independent legal advice about the WA government's Bell Group legislation or its decision to intervene in the High Court litigation concerning that legislation?

Mathias Cormann (WA, Liberal Party, Minister for Finance) Share this | Link to this | Hansard source

The first point I would make is that my good friend and colleague Senator Brandis actually addressed this matter in his very lengthy and detailed statement. That is No. 1. No. 2: I will of course consult with my other good friend and colleague the Minister for Revenue and Financial Services to see whether there is anything else she wants to add to that answer. The final point I would make is that my understanding is that Minister O'Dwyer became aware of public reports of the WA Treasurer asserting that a deal had been reached with the Commonwealth. She sought advice. The ATO explained and briefed Minister O'Dwyer on the legal position and Minister O'Dwyer gave the ATO her full support in pursuing the interests of the Commonwealth through the High Court.

Stephen Parry (President) Share this | Link to this | Hansard source

Senator McCarthy, a supplementary question.

Malarndirri McCarthy (NT, Australian Labor Party) Share this | Link to this | Hansard source

I refer to the Liberal WA Treasurer, Dr Mike Nahan, who told the WA parliament that the ATO acted 'contrary to the direction or advice of the Assistant Treasurer, Kelly O'Dwyer'. Why did the minister advise or direct the ATO not to pursue $300 million owed to Australian taxpayers?

Mathias Cormann (WA, Liberal Party, Minister for Finance) Share this | Link to this | Hansard source

If WA Treasurer Nahan said what was quoted then that is wrong. As we have said on the public record for a long time—and indeed I answered a question to this effect in Senate estimates—the Australian Taxation Office is an independent statutory agency which enforces our tax laws independently, as it must. It is not a matter for the ministerial level of government to interfere with.

But what I would say again is it is interesting we went from New South Wales to the Northern Territory, I see. No WA Labor senator is courageous enough to touch these questions, because they know the terrible history that the WA Labor Party has when it comes to deep-seated corruption between the then WA Labor state government and some business leaders in the WA community at the time. Western Australian taxpayers are still paying hundreds of millions of dollars in legal fees—so far—to sort out a mess that the Burke and Dowding Labor governments created. (Time expired)

Stephen Parry (President) Share this | Link to this | Hansard source

Senator McCarthy, a final supplementary question.

Malarndirri McCarthy (NT, Australian Labor Party) Share this | Link to this | Hansard source

All senators, and indeed all Australians, are very keen to know what is happening in WA. I refer to evidence by an ATO officer to the Economics Legislation Committee that, following the ATO's intervention, the government:

… had representations made to them by the Western Australian government, as I recall, and they made inquiries of us.

Can the minister please provide details of these representations?

Mathias Cormann (WA, Liberal Party, Minister for Finance) Share this | Link to this | Hansard source

Again, these matters were dealt with in the very lengthy and detailed statement made by the Attorney-General earlier today, and I refer you to that statement.