I move:

That the following matter be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 8 November 2016:

The nature and scope of the consultations prior to the making of the Legal Services Amendment (Solicitor-General Opinions) Direction 2016, with particular reference to:

(a) the extent to which any consultation drew on the knowledge or expertise of persons having expertise in the relevant fields;

(b) whether persons likely to be affected by the proposed instrument had adequate opportunity to comment on its content;

(c) the form of the consultation, including whether any written submissions were sought;

(d) the timing of when any consultation occurred; and

(e) any related matter.

I seek leave to make a short statement.

Leave is granted for one minute.

The government opposes the motion. The proposed inquiry by the Legal and Constitutional Affairs References Committee would be a complete waste of the Senate's limited time and resources. Under section 17 of the Legislation Act 2003, the Attorney-General was required to undertake such consultation as he considered appropriate and reasonably practical. Under that provision, it was entirely up to the Attorney-General to decide what form the relevant consultation should take.

The Legal Services Amendment (Solicitor-General Opinions) Direction 2016 deals with the process to be followed in briefing the Solicitor-General to provide an opinion on a question of law under paragraph 12(b) of the Law Officers Act 1964. The Attorney-General has repeatedly made clear that the Solicitor-General was consulted about the process for briefing him and a meeting held on 30 November 2015. Written feedback from the Solicitor-General was sought, received and considered.

The question is that the motion moved by Senator Wong be agreed to.