Senate debates

Wednesday, 17 October 2018

Bills

Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018, Customs Tariff Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018; In Committee

11:08 am

Photo of Rex PatrickRex Patrick (SA, Centre Alliance) Share this | Hansard source

The final question I might have on ISDS is a question I raised with Senator Birmingham, and he was working towards an answer. In the event that a corporation here in Australia feels that they have been, in some way, disadvantaged because of a change of public policy or a change of law—I just want to make it very clear—I understand that they have the right to go to our courts to seek a remedy. This question does not relate to companies' rights to go to a court. It's clear under the ISDS provisions that a multinational corporation here in Australia can invoke ISDS provisions. My question is specifically related to an Australian company that feels that they need to be compensated in some way. Can an Australian company invoke an ISDS application in respect of a change of public policy, equal to what an international company can do?

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