Sue Lines (President) Share this | Link to this | Hansard source

On a matter of privilege, by a letter dated 25 May 2022, the chair of the Environment and Communications References Committee, Senator Hanson-Young, has raised a matter of privilege relating to the failure of representatives of a resource company, Tamboran Resources Ltd, to attend and give evidence to the committee when ordered to do so. I table the letter.

The matter was the subject of an interim report of the committee's inquiry into oil and gas exploration and production in the Beetaloo basin. Senator Hanson-Young seeks to have the conduct of the company's representatives referred to the Privileges Committee for inquiry as a possible contempt. Where a matter of privilege is raised my role is to determine whether it should have precedence in debate. In doing so I am guided by the Senate's privilege resolutions, which seek to reserve the Senate's contempt powers for matters involving substantial obstruction to the Senate and its committees, or to senators performing their duties.

The Senate has declared in privilege resolution 6 that disobedience of lawful Senate orders and refusal to attend before a committee when ordered to do so may be dealt with as contempts. On the question of obstruction, the chair's letter notes that the committee has been prevented from examining key evidence, as a result completing its inquiry and reporting to the Senate. Only the Senate can remedy such conduct, so in my view the relevant criteria are met.

I have therefore determined that it would be appropriate to grant the matter precedence as a matter of privilege. However, given that the matter was raised by a committee of the previous parliament, I intend to ask the newly established references committee whether it wishes to proceed in the Senate at this time or whether it wishes to consider other actions first. This might include reiterating the requirement for the witnesses to attend, with the knowledge that preliminary steps have been taken to have the matter dealt with as a contempt. If the committee wishes to proceed with the matter in the Senate, it will be dealt with as a matter of privilege. It will then be for the Senate to determine whether the matter warrants investigation as a possible contempt.