Jacqui Lambie has agreed to support the government’s second foreign relations bill

Foreign Minister Marise Payne has the numbers to pass her foreign relations laws in full as early as Tuesday.

Foreign Minister Marise Payne is refusing to say why a second foreign relations bill must pass parliament as she attempts to negotiate its passage through the Senate. Picture: Sean Davey

Foreign Minister Marise Payne has the numbers to pass her foreign relations laws in full as early as Tuesday, after Senate crossbencher Jacqui Lambie joined with One Nation in backing the federal government’s new powers.

The controversial laws, allowing Senator Payne to veto deals between the states, councils, universities and foreign governments, have been split across two bills.

The substantive bill handing Senator Payne the veto powers, which can apply to future and retrospective deals such as the Victorian government’s Belt and Road Initiative agreement with China, passed through both houses of parliament last week. But a consequential amendments bill, which prevents Senator Payne’s decisions from being subject to court challenges under the Administrative Decisions (Judicial Review) Act, remains stuck in the parliament.

Independent South Australian crossbench senator Rex Patrick is trying to block the bill so there are more avenues for judicial review.

While he offered to negotiate with the government, he was told on Monday that was not necessary because Senator Lambie would give Senator Payne the final vote required to pass the consequential amendments bill.

Senator Lambie’s spokesman confirmed that was true, with expectations it would pass the Senate on Tuesday. Crossbenchers also expect Labor will ultimately vote with the government, despite its deputy leader Richard Marles claiming the laws were “half-baked”.

“The consultation hasn’t been done with a whole lot of the entities concerned, particularly the university sector. We would like to sit down with the government and actually talk through how we can make this legislation better,” he said.

Senator Payne has refused to respond to recent questions about why the consequential amendments legislation needed parliamentary support, with her office merely pointing to its explanatory memorandum.

“The decisions made under the foreign relations bill will involve complex political considerations relating to Australia’s foreign policy and foreign relations,” the memorandum states.

“These indicia are within the remit of the commonwealth government and minister for foreign affairs to determine and manage. As such, it is inappropriate for these decisions to be open to judicial review under the ADJR Act.”

Centre Alliance senator Stirling Griff said the problem with the laws was Senator Payne did not have to provide any reasons for vetoing deals between other governments, which he labelled “just crazy”.

“There’s no other mechanism whatsoever for you to be able to review or for the minister to say why they have rejected whatever proposal you have entered into or wished to enter into,” he said.

“You’ve got to have a mechanism so you can be made aware of what the issue happens to be so you don’t repeat it.”