Senate debates

Wednesday, 5 February 2025

Documents

Australian Prudential Regulation Authority; Order for the Production of Documents

5:12 pm

Photo of Ross CadellRoss Cadell (NSW, National Party) Share this | | Hansard source

At the request of Senator Bragg, I move:

That the Senate—

(a) notes that order for the production of documents no. 701, relating to the report to the Australian Prudential Regulation Authority concerning the influence of the Construction, Forestry and Maritime Employees Union on the Cbus Super Fund, has not been complied with;

(b) notes that the Treasurer has suggested in his response to the order that the report is likely to be considered 'protected information' under section 56 of the Australian Prudential Regulation Authority Act 1998;

(c) affirms the longstanding position that:

(i) unless a statutory secrecy provision expressly limits the powers of the Houses, it is subservient to parliamentary inquiry powers,

(ii) this means that the power of the Senate to require the production of documents is not affected by provisions in statutes which prohibit, in general terms, the disclosure of information, and

(iii) the provision of such documents to the Senate is protected by parliamentary privilege; and

(d) requires the Minister representing the Treasurer to fully comply with the order by 9 am on Thursday, 6 February 2025.

Question agreed to.