Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

My question is to the Attorney-General and the Minister representing the Prime Minister, Senator Brandis. It follows on from his response to Senator Cameron. I ask the minister: can the minister explain why Minister Canavan was required to step aside but the Deputy Prime Minister is not?

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

Senator Wong, that is really the same question that Senator Cameron asked me and the answer is the same.

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

Senator Wong, a supplementary question.

Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

In the previous answer, the minister said there were 'factual and legal differences' between Senator Canavan and Mr Joyce. Can the minister advise the Senate which of these 'factual and legal differences' requires one minister to stand aside but permits another to continue?

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

With respect, Senator Wong, it's not which factual and legal differences that is the point. The point is that there are factual and legal differences, which means that each case will have to be judged on its own facts and according to, respectively, the law of Italy and the law of New Zealand.

At risk of repeating myself, as I said in answer to Senator Cameron, on 25 July, when Senator Canavan was acquainted with the situation and on the basis of his understanding of the facts, at that time he decided that he would prefer to stand down. The facts of Mr Joyce's case, as I said before, are much clearer to us than were the facts as known to Senator Canavan at the time he made his decision. On the basis of those known facts and clear Solicitor-General advice, the government does not consider that there is sufficient reason for Mr Joyce to step down.

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

Senator Wong, a final supplementary question.

Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

Given that the New Zealand Prime Minister and the New Zealand Minister of Internal Affairs have both confirmed that Australia's Deputy Prime Minister is a New Zealand citizen, will Prime Minister Turnbull now revisit his refusal to have Mr Joyce stand aside?

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

Well, he won't, because that fact alone is not dispositive of the question.