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

Senator Collins, I have addressed this issue both in responses in this chamber and in a detailed submission that I gave to the Senate Legal and Constitutional Affairs References Committee. I consulted the Solicitor-General about the matter at a meeting in my office on 30 November 2015. I invited the Solicitor-General to put his ideas in writing, which he did, and I considered those as well. When I made the direction, I was advised by my department that the requirements of section 17 of the Legislation Act had been satisfied. Might I remind you, Senator Collins, that section 17 of the Legislation Act provides:

(1) Before a legislative instrument is made, the rule-maker must be satisfied that there has been undertaken any consultation that is:

(a) considered by the rule-maker to be appropriate; and

(b) reasonably practicable to undertake.

Such consultation was undertaken.