Senator BROWN (10:21 AM) —Report card: Minchin—fail. What can you do? By the way, I am very pleased to have got more votes in Tasmania than Prime Minister Howard got in Bennelong. It really is an appalling situation when the Minister representing the Minister for Industry, Tourism and Resources does not know what he is talking about. Here we have legislation that is critical to the energy market—he wants to transform the energy market in Australia—and he does not know the definition of the basic terms that are at the heart of the debate on energy in this country and right around the world. We have an ignorant government on this matter. The minister talks about jobs, investment and the future. All those are going to lose out under this government because of the ignorance at the heart of government on central matters about the worldwide energy debate.

It is notable that this government could not even get a minister to go to the global renewable forum in Bonn in Germany at the start of this month. It is not just ignorance; it is studied ignorance. Australia will lose out in terms of jobs, the economy and certainly the environment in the future because of this appalling ignorance at cabinet level and at prime ministerial level on the basics, which are absolutely essential for ministers to get their head around if they are going to debate this issue from an informed point of view. I want to ask the minister about the constitutionality of this legislation. Is there any precedent for making state—as distinct from territory—legislation apply as Commonwealth law?