Division Description Changes — Documents — Solicitor-General; Order for the Production of Documents — 7th Mar 2023

Change	Division
senate vote 2023-03-07#4 Edited by mackay staff on 2023-04-14 09:58:25	Title ~~Documents — Solicitor-General; Order for the Production of Documents~~ Documents - Solicitor-General; Australian defence forces - Order for the Production of Documents Description ~~<p class="speaker">Jordon Steele-John</p>~~ ~~<p>I move:</p>~~ ~~<p class="italic">That there be laid on the table by the Minister representing the Attorney-General, by no later than midday on Monday, 20 March 2023:</p>~~ <p class="italic">(a) advice provided to the Attorney-General's Department by the Solicitor-General in relation to deployment of Australian Defence personnel under section 61 of the Australian Constitution;</p> <p class="italic">(b) advice provided to the Attorney-General's Department by the Solicitor-General in relation to the power of general control and administration by the Minister for Defence under section 8 of the Defence Act 1903; and</p> <p class="italic">(c) advice provided to the Attorney-General's Department by the Solicitor-General in relation to section 61 of the Australian Constitution or section 8 of the Defence Act 1903 between 2001-03.</p> ~~<p class="speaker">Anthony Chisholm</p>~~ ~~<p>I seek leave to make a short statement.</p>~~ ~~<p class="speaker">Sue Lines</p>~~ ~~<p>I believe leave is granted for one minute.</p>~~ ~~<p class="speaker">Anthony Chisholm</p>~~ <p>The government will not be supporting this motion. It is the longstanding practice of governments not to disclose legal advice. A parliamentary committee is currently reviewing how Australia makes decisions to send service personnel into international armed conflict, with the terms of reference referred by the Deputy Prime Minister and Minister for Defence, the Hon. Richard Marles MP. The Joint Standing Committee on Foreign Affairs, Defence and Trade will be soon be reporting on its inquiry into international armed conflict decision-making.</p> ~~<p class="speaker">Sue Lines</p>~~ ~~<p>The question is that general business notice of motion No. 161, standing in the name of Senator Steele-John, be agreed to.</p>~~ ~~<p></p>~~ ~~<p></p>~~ The majority voted against a [motion](https://www.openaustralia.org.au/senate/?id=2023-03-07.141.1): > That there be laid on the table by the Minister representing the Attorney-General, by no later than midday on Monday, 20 March 2023: > > (a) advice provided to the Attorney-General's Department by the Solicitor-General in relation to deployment of Australian Defence personnel under section 61 of the Australian Constitution; > > (b) advice provided to the Attorney-General's Department by the Solicitor-General in relation to the power of general control and administration by the Minister for Defence under section 8 of the Defence Act 1903; and > > (c) advice provided to the Attorney-General's Department by the Solicitor-General in relation to section 61 of the Australian Constitution or section 8 of the Defence Act 1903 between 2001-03. Read more about these types of motions on the [parliamentary website](https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Brief_Guides_to_Senate_Procedure/No_12).

~~Jordon Steele-John~~
~~I move:~~
~~That there be laid on the table by the Minister representing the Attorney-General, by no later than midday on Monday, 20 March 2023:~~
(a) advice provided to the Attorney-General's Department by the Solicitor-General in relation to deployment of Australian Defence personnel under section 61 of the Australian Constitution;
(b) advice provided to the Attorney-General's Department by the Solicitor-General in relation to the power of general control and administration by the Minister for Defence under section 8 of the Defence Act 1903; and
(c) advice provided to the Attorney-General's Department by the Solicitor-General in relation to section 61 of the Australian Constitution or section 8 of the Defence Act 1903 between 2001-03.
~~Anthony Chisholm~~
~~I seek leave to make a short statement.~~
~~Sue Lines~~
~~I believe leave is granted for one minute.~~
~~Anthony Chisholm~~
The government will not be supporting this motion. It is the longstanding practice of governments not to disclose legal advice. A parliamentary committee is currently reviewing how Australia makes decisions to send service personnel into international armed conflict, with the terms of reference referred by the Deputy Prime Minister and Minister for Defence, the Hon. Richard Marles MP. The Joint Standing Committee on Foreign Affairs, Defence and Trade will be soon be reporting on its inquiry into international armed conflict decision-making.
~~Sue Lines~~
~~The question is that general business notice of motion No. 161, standing in the name of Senator Steele-John, be agreed to.~~
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The majority voted against a [motion](https://www.openaustralia.org.au/senate/?id=2023-03-07.141.1):
> *That there be laid on the table by the Minister representing the Attorney-General, by no later than midday on Monday, 20 March 2023:*
>
> *(a) advice provided to the Attorney-General's Department by the Solicitor-General in relation to deployment of Australian Defence personnel under section 61 of the Australian Constitution;*
>
> *(b) advice provided to the Attorney-General's Department by the Solicitor-General in relation to the power of general control and administration by the Minister for Defence under section 8 of the Defence Act 1903; and*
>
> *(c) advice provided to the Attorney-General's Department by the Solicitor-General in relation to section 61 of the Australian Constitution or section 8 of the Defence Act 1903 between 2001-03.*
Read more about these types of motions on the [parliamentary website](https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Brief_Guides_to_Senate_Procedure/No_12).