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Tuesday, 13 September 2011
Page: 5944

Senator BIRMINGHAM (South Australia) (18:21): I thank the minister for that. That is useful information for the chamber and indeed is an answer to at least part of the question. It is an answer to how at present he envisages such an instrument being developed and the conditions for such an instrument being developed. It does not answer why then he believes that all future ministers—as this legislation will apply to those who come after you, Senator Conroy, you will not be there forever; yes, even you will not be there forever—

Senator Conroy: Even I have to concede that.

Senator BIRMINGHAM: I am pleased to hear that. This legislation will apply to all future ministers but with no condition that any minister actually follows such industry standards, follows the consultative approach that you inform us of with these current guidelines. I assume from your statement that you would base the legislative instrument under this bill, if it passes, on these current guidelines. There is no requirement for ministers to follow that process. If there is, please point me to where in the legislation that requirement is, because I cannot see it at present in what appears to be a bill that gives the minister carte blanche to develop the legislative instrument as they see fit.

I look forward to being corrected if you can, but I think that is the secondary part of the issue that I was raising. You have addressed the primary part, at least in terms of how you as minister propose to apply this section of the legislation—that is, you would follow the industry consultative process that you just outlined and adopt the standards that it recommends as the conditions as the instrument within these clauses of the legislation. But what ensures, as a safety mechanism in this legislation, that all of your successors as ministers for communications will follow the same pathway?