House debates

Tuesday, 12 February 2019

Bills

Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018; Consideration of Senate Message

5:20 pm

Photo of Mr Tony BurkeMr Tony Burke (Watson, Australian Labor Party, Manager of Opposition Business (House)) Share this | Hansard source

I move:

That all words after "That" be omitted with a view to substituting the following words

"(1) the House notes the statement of the Speaker in relation to the constitutional questions raised by message transmitted by the Senate in relation to the Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018;

(2) the House, having regard to the fact that the public interest demands the early enactment of the legislation, refrains from the determination of its constitutional rights in respect of the Senate message; and

(3) the amendments be considered immediately."

Our moving of this is far from the drama we just heard from the Attorney-General about this being some constitutional disaster. Anyone who looks at page 859 of Practice will find an almost identical resolution moved under the Howard government—that constitutional radical, John Howard—because it is up to the House to determine whether or not it wants to assert its constitutional rights. That's clear in the advice. That's clear from the statements made by the Speaker. The House would be determining not to do so if this amendment is carried, as the Howard government did in November 1996.

Mr Pyne interjecting

Mr Albanese interjecting

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