Senate debates

Friday, 16 June 2023

Bills

Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023; In Committee

10:31 pm

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Hansard source

What we are exploring here is: the outer limits of the clause that you are putting into the Constitution. I am exploring here not section 129(ii)—we will get onto that shortly. I am exploring section 129(i) and what criteria a body needs to satisfy section 129(i). What characteristics does a body need to satisfy section 129(i)? Say, for argument's sake, the parliament were to enact legislation stating that Noel Pearson or Professor Megan Davis were the Voice. I am asking the legal answer to: Does that satisfy the constitutional requirement? And, if not, why not?

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