Nick Xenophon (SA, Independent) Share this | Hansard source

I can indicate that I and my colleagues Senators Griff and Kakoschke-Moore will not be supporting this amendment. We understand the sentiment and the intent behind it. I believe the opposition and the Australian Greens have every reason to be concerned about the whole tender process being dealt with before the legislation was considered. That is something I hope the Auditor-General will be looking at in due course. Of course, it is for the Auditor-General to consider whether his office goes down that path. But the deal has been done. There is an opportunity for greater scrutiny of that through the ordinary courses of the parliament. To rip up this deal now would, I believe, trigger the just compensation provisions in the Constitution, which could mean that the Commonwealth would end up paying twice. So in economic terms I do not believe this is a practical amendment, although I do understand the very serious concerns as to why this amendment has been moved.