Senate debates

Friday, 16 June 2023

Bills

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

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Hansard source

Subsection 129(iii) would allow the parliament, subject to the Constitution, to make laws with respect to matters relating to the Voice, including its composition, functions, powers and procedures. Subsection 129(iii) confers upon the parliament a broad power to make laws on matters related to the Voice without detracting from its constitutionally guaranteed existence under section 129(i) and representation-making function under section 129(ii). The broad powers conferred under section 129(iii) would include the ability for the parliament to legislate in relation to the legal effect of the Voice's representations. The Solicitor-General stated in the advice attached to the Attorney-General's submission to the joint select committee's inquiry into this bill that subsection 129(iii) would allow the parliament to make laws about the legal effect of representations to the executive government. The Solicitor-General's view was that subsection 129(iii) does not prevent the parliament from legislating about the legal effect of representations.

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