Wendy Askew (Tasmania, Liberal Party) Share this | Link to this | Hansard source

At the request of Senator McKenzie, I move:

That the Senate—

(a) notes that:

(i) order for production of documents no. 50 (the order) agreed by the Senate on 25 October 2022, requiring the Minister representing the Minister for Infrastructure, Transport, Regional Development and Local Government to table documents in relation to the Hahndorf Township Improvements and Access Upgrade Project, has not been complied with, and

(ii) the Minister for Infrastructure, Transport, Regional Development and Local Government, in her response to the order, made a claim of public interest immunity on the basis that it would damage relations between the Commonwealth and states, citing concerns that disclosure of the information would harm the Commonwealth's ongoing relationship with a state government on this and future infrastructure arrangements;

(b) rejects the public interest immunity claim made by the Minister for Infrastructure, Transport, Regional Development and Local Government, noting that:

(i) when a claim of public interest immunity is made on the basis that it would damage relations between the Commonwealth and states, the agreement of the states to disclose the information should be sought and they should be invited to give reasons for any objection, and

(ii) no such agreement has been sought, nor has the Senate been advised of any objections from the South Australian Government; and

(c) requires the Minister representing the Minister for Infrastructure, Transport, Regional Development and Local Government to comply with the order by no later than midday on 28 November 2022.

Notice of motion altered 22 November 2022 pursuant to standing order 77.

Sue Lines (President) Share this | Link to this | Hansard source

The question is that general business notice of motion No. 89, standing in the name of Senator McKenzie and moved by Senator Askew, be agreed to.

Wendy Askew (Tasmania, Liberal Party) Share this | Link to this | Hansard source

At the request of Senator McKenzie, I move:

That the Senate—

(a) notes that:

(i) order for production of documents no. 55 (the order) agreed by the Senate on 26 October 2022, requiring the Minister representing the Prime Minister and the Minister representing the Minister for Infrastructure, Transport, Regional Development and Local Government to table correspondence, requests for, or approval of, Australian Government funding for projects or programs in the 2022-23 Federal Budget, has not been complied with,

(ii) the Assistant Minister to the Prime Minister, in his response to the order, made a claim of public interest immunity on the basis that it would damage relations between the Commonwealth and states, citing concerns that disclosure of the information would harm the Commonwealth's ongoing relationship with a state government on this and future infrastructure arrangements, and

(iii) the Minister representing the Minister for Infrastructure, Transport, Regional Development and Local Government is yet to respond to the order;

(b) rejects the public interest immunity claim made by the Minister for Infrastructure, Transport, Regional Development and Local Government noting that:

(i) when a claim of public interest immunity is made on the basis that it would damage relations between the Commonwealth and states, the agreement of the states to disclose the information should be sought and they should be invited to give reasons for any objection, and

(ii) no such agreement has been sought, nor has the Senate been advised of any objections from a state or territory government; and

(c) requires the Minister representing the Prime Minister and the Minister representing the Minister representing the Minister for Infrastructure, Transport, Regional Development and Local Government to comply with the order by no later than midday on 28 November 2022.

Sue Lines (President) Share this | Link to this | Hansard source

The question is that general business notice of motion No. 90, standing in the name of Senator McKenzie and moved by Senator Askew, be agreed to.