Senate debates

Tuesday, 1 December 2020

Bills

Australia's Foreign Relations (State and Territory Arrangements) Bill 2020, Australia's Foreign Relations (State and Territory Arrangements) (Consequential Amendments) Bill 2020; In Committee

7:06 pm

Photo of Marise PayneMarise Payne (NSW, Liberal Party, Minister for Foreign Affairs) Share this | Hansard source

I thank Senator Rice for her question. I think there are a number of aspects to the question of the definition per se of 'foreign policy' that the senator raises. The government is of the view that it is appropriate for the Minister for Foreign Affairs to hold a broad discretion to determine Australian foreign policy. Australian foreign policy and foreign relations are the prerogative of the Commonwealth government to determine, and they do evolve—they change in response to a range of domestic and international factors.

The Department of Foreign Affairs and Trade, as I've said before, has work that it is going to do in the context of the task force. And the department itself, of course, has offices in the states and territories that work very closely with the state and territory governments. They will continue that work with states and territories and their entities on implementing the scheme, including to help them understand Australia's foreign policy objectives.

I think there will be transparency provided. We didn't get to this with Senator Patrick, but transparency will be provided also through the establishment of a public register, which will make clear those foreign arrangements which are the subject of the minister's decision. That will assist the states and territories in building a picture of what kinds of arrangements might be deemed to be adverse to or inconsistent with Australia's foreign policy.

As I have also said, Senator, the changing current international environment is one which is obviously increasingly complex and subject to rapid change. That means that our foreign policy and our foreign relations don't remain static. They will also evolve and change, in response to a range of domestic and international factors. The Commonwealth government, the government of the day, is best placed to determine that, taking the advice of the Department of Foreign Affairs and Trade and the advice of other government departments and working with the Prime Minister and relevant ministers, as has always been the case. I don't think changes in foreign policy, though, are a threat to legal certainty—if that's a part of your question—and certainly that is a matter which has been raised in consultations with the department and, I think, addressed.

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