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

The government does not support this motion, because it is inappropriate for the Legal and Constitutional Affairs References Committee to inquire into a matter that has been before the Legal and Constitutional Affairs Legislation Committee's examination of estimates, where the legislation committee still, on a spillover day, has the capacity to inquire further and indeed has indicated that it intends to do so. Odgers' Australian Senate Practice states:

• references committees inquire into matters referred to them by the Senate, other than matters

to be referred to legislation committees

• legislation committees inquire into bills, estimates, annual reports and performance of agencies

On that basis, this matter is currently and properly within the jurisdiction of the legislation committee. It should not therefore concurrently be before the references committee. That is at variance with Senate practice.

The motion also seeks a report within six days. Any referral to the references committee would be an unfortunate precedent and a waste of the time of Senate. (Time expired)