Senate debates

Wednesday, 2 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

10:04 am

Photo of Janet RiceJanet Rice (Victoria, Australian Greens) Share this | Hansard source

I want to conclude some of this discussion about the concerns we have about the lack of a collaborative approach and the lack of accountability. Minister, you've talked about how this isn't meant to be adversarial, that it's collaborative—that it's about people working together. But that hasn't been the experience so far in terms of consultation and working with a whole range of stakeholders before this legislation was introduced. I want to put on the record that Australia's interests are, obviously, incredibly important and the issue of foreign interference is incredibly important. I think everybody around this chamber recognises the measures to ensure that there isn't foreign interference—that is, that we are not entering into relationships that are not in our interests or not in the interests of human rights or not in the interests of good order in the world. It's important that we do have legislation that enables us to deal with those.

I also agree with the premise of the legislation. I think that it's important that there is a collaborative and cooperative approach between the states and the Commonwealth in terms of our international relations. A situation like the Victorian government deciding that it was going to go and enter into the Belt and Road Initiative with China without engaging the Commonwealth is not a situation that is in the good interests of Australia. That's playing off different parts of the Commonwealth and different states against each other. That collaborative approach is clearly essential, but we can see that that collaborative approach, and that reporting back and accountability, which goes hand in hand with that collaborative approach—is not baked into this bill. Minister, you talk about the fact that they can happen but that doesn't mean that they will happen. Unless you actually have them there in the legislation to ensure they will happen, it is very possible that—maybe not under you as minister, Minister Payne, but under future ministers—these things won't happen. The powers that are vested in the foreign minister to take a complete over-the-top, non-collaborative approach are there in the bill. They are there. They are enabled.

Going to the collaborative approach, we know there was no consultation with the states and territories before this legislation was introduced. What discussions have been had with all of the states and territories since the introduction of the bill? We know that not all of the states and territories took the opportunity to put in submissions to the inquiry and those that did were largely not supportive of the bill. Minister, could you please go through the negotiations and the discussions that you have had with all of the states and territories since the legislation was introduced?

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