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AGAINST – Documents — National Reconstruction Fund; Order for the Production of Documents

Wendy Askew

At the request of Senator Brockman, I move:

That there be laid on the table by the Minister representing the Minister for Industry and Science, by 6 April 2023, in relation to the National Reconstruction Fund Corporation Bill 2023, any briefing notes, file notes, emails, correspondence, letters or any other written records of advice provided to the Minister regarding:

(a) the constitutionality of the bill;

(b) any risks or avenues for legal challenges to the bill in the High Court;

(c) the constitutional head of power within the Australian Constitution under which the provisions within the bill are made; and

(d) any other risk assessments as regards the constitutional validity of the bill.

Anthony Chisholm

I seek leave to make a short statement.

Sue Lines

Leave is granted for one minute.

Anthony Chisholm

The government will be opposing this motion. Material of the nature requested by Senator Brockman constitutes legal advice. Governments have a long-established practice of not disclosing such advice.

Sue Lines

The question is that general business notice of motion No. 220 standing in the name of Senator Brockman, moved by Senator Askew, be agreed to.


Date and time: 11:54 AM on 2023-03-30
Senator Pocock's vote: No
Total number of "aye" votes: 29
Total number of "no" votes: 32
Total number of abstentions: 15

Adapted from information made available by