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Monday, 3 March 1997
Page: 1063


Senator FAULKNER —My question is directed to the Minister representing the Prime Minister. Minister, has the Howard government sought a copy of the legal advice referred to by Premier Borbidge yesterday on the Sunday program? Has the government sought advice from the Attorney-General's Department on the application of section 15 of the constitution? Has the Prime Minister contacted Mr Borbidge demanding he withdraw from his declared intention to breach section 15 of the constitution?


Senator HILL —I know of no request to Premier Borbidge seeking a copy of his legal advice. I know of no request of our Attorney-General as to his views. I would have thought that section 15 of the constitution is pretty clear cut. I did not know there was a lot of dispute about it.


Senator FAULKNER —Madam President, I ask a supplementary question. Has Mr Borbidge explained to the federal government why he sought advice at this time in relation to Senator Colston's position? Is Mr Borbidge acting on advice from the federal government relating to Senator Colston's future? If section 15 of the constitution is, in the minister's words, `pretty clear cut', was Mr Borbidge completely wrong?


Senator HILL —I do not know why Mr Borbidge sought advice on the matter. That is obviously his business. He certainly was not acting on any request from the Common wealth government. We were unaware that he intended to make those comments. The third question you asked was, if it was clear cut—


Senator Faulkner —Whether you repudiate it.


Senator HILL —His view does not accord with my understanding of the constitution.