❓ Mr. Wyatt questions the Treasurer regarding an agreement with the Commonwealth government concerning the Bell Group legislation, specifically seeking proof of the deal and clarification on its nature after the High Court decision. The Treasurer admits to a written agreement with the former Treasurer, Joe Hockey, but acknowledges the Commonwealth did not adhere to it.
AnsweredQoN 307Legislative Assembly
QuestionView source ↗
BELL GROUP COMPANIES (FINALISATION OF MATTERS AND
DISTRIBUTIONOF PROCEEDS) AMENDMENT BILL 2016 — HIGH COURT DECISION
307. Mr B.S. WYATT to the Treasurer:
I refer to the Treasurer's
comments on the Bell Group legislation yesterday when he said —
We had a deal with the commonwealth
that it would not oppose the Bell act.
(1) Who in the commonwealth did the
Treasurer have that deal with?
(2) What was the nature of the
undertaking?
(3) Will the Treasurer table the
proof of that deal that he struck with the commonwealth?
DISTRIBUTIONOF PROCEEDS) AMENDMENT BILL 2016 — HIGH COURT DECISION
307. Mr B.S. WYATT to the Treasurer:
I refer to the Treasurer's
comments on the Bell Group legislation yesterday when he said —
We had a deal with the commonwealth
that it would not oppose the Bell act.
(1) Who in the commonwealth did the
Treasurer have that deal with?
(2) What was the nature of the
undertaking?
(3) Will the Treasurer table the
proof of that deal that he struck with the commonwealth?
AnswerView source ↗
(1)–(3) The
agreement was with the then Treasurer, Hon Joe Hockey. When we passed the Bell
Group act, we knew that we needed the cooperation of the commonwealth on two
fronts at least. First, under the Corporations Act, it had the ability to
strike down the act that we had passed through regulation. If it chose to do
so, the Bell act would have been null and void. We got an agreement that it
would not do that.
Mr
M. McGowan : In writing?
Dr M.D. NAHAN :
Yes. The Leader of the Opposition did not ask the question.
Second, there were tax issues. I was advised that the
commonwealth Solicitor-General would be on call on any constitutional issues to
the High Court; he would be there. The issue that was eventually struck down
was the Australian Taxation Office issue. The High Court did not make a decision
on the wider constitutionality or, indeed, on the Corporations Act.
Mr B.S. Wyatt : No,
but it knocked it over because it was inconsistent with the Constitution, so it
was a constitutional issue.
Dr M.D. NAHAN : On
tax, with the ATO. Our understanding with the commonwealth at the time —
Mr B.S. Wyatt : Was
it an understanding or a written acknowledgement?
Dr M.D. NAHAN : It
was a letter.
Mr B.S. Wyatt :
Will you table it?
Dr M.D. NAHAN :
Yes, I will.
Mr M. McGowan :
Binding the ATO.
Dr M.D. NAHAN :
Yes. Again, the member did not ask the question. I ask him to keep quiet. It is
an important question. He should not muck it up.
The understanding was that the commonwealth would not use the
powers under the Corporations Act with the regulations null and void and it
would not take an action to the High Court on the ATO and tax issues. In the
end the ATO and the commonwealth Solicitor-General did join the action and they
were successful in throwing the issue out.
Mr B.S. Wyatt :
Getting it ruled invalid?
Dr M.D. NAHAN :
Yes, that is right. First, they made a range of statements on the Corporations
Act but they asked the court not to adjudicate on that.
Mr B.S. Wyatt :
They didn't need to.
The SPEAKER :
Through the Chair. If you want a supplementary, you will get a supplementary.
Dr M.D. NAHAN :
Second, they did take strong action on the constitutional aspects—section
109 or whatever the tax issues are. As a result of that, the act was declared
null and void and they did not adhere to the agreement.
agreement was with the then Treasurer, Hon Joe Hockey. When we passed the Bell
Group act, we knew that we needed the cooperation of the commonwealth on two
fronts at least. First, under the Corporations Act, it had the ability to
strike down the act that we had passed through regulation. If it chose to do
so, the Bell act would have been null and void. We got an agreement that it
would not do that.
Mr
M. McGowan : In writing?
Dr M.D. NAHAN :
Yes. The Leader of the Opposition did not ask the question.
Second, there were tax issues. I was advised that the
commonwealth Solicitor-General would be on call on any constitutional issues to
the High Court; he would be there. The issue that was eventually struck down
was the Australian Taxation Office issue. The High Court did not make a decision
on the wider constitutionality or, indeed, on the Corporations Act.
Mr B.S. Wyatt : No,
but it knocked it over because it was inconsistent with the Constitution, so it
was a constitutional issue.
Dr M.D. NAHAN : On
tax, with the ATO. Our understanding with the commonwealth at the time —
Mr B.S. Wyatt : Was
it an understanding or a written acknowledgement?
Dr M.D. NAHAN : It
was a letter.
Mr B.S. Wyatt :
Will you table it?
Dr M.D. NAHAN :
Yes, I will.
Mr M. McGowan :
Binding the ATO.
Dr M.D. NAHAN :
Yes. Again, the member did not ask the question. I ask him to keep quiet. It is
an important question. He should not muck it up.
The understanding was that the commonwealth would not use the
powers under the Corporations Act with the regulations null and void and it
would not take an action to the High Court on the ATO and tax issues. In the
end the ATO and the commonwealth Solicitor-General did join the action and they
were successful in throwing the issue out.
Mr B.S. Wyatt :
Getting it ruled invalid?
Dr M.D. NAHAN :
Yes, that is right. First, they made a range of statements on the Corporations
Act but they asked the court not to adjudicate on that.
Mr B.S. Wyatt :
They didn't need to.
The SPEAKER :
Through the Chair. If you want a supplementary, you will get a supplementary.
Dr M.D. NAHAN :
Second, they did take strong action on the constitutional aspects—section
109 or whatever the tax issues are. As a result of that, the act was declared
null and void and they did not adhere to the agreement.
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