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Australian politics live: High Court approves same-sex postal survey

PoliticsNow: Abbott accuses Shorten of ‘elitist bullying’ for refusing to accept the result if the No vote prevails.

Greg Brown, Tessa Akerman and Rachel Baxendale
35 min read
10:34AMSeptember 07, 2017.
Updated 5:15PMSeptember 07, 2017
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Live coverage from Canberra.
Live coverage from Canberra.

Australian Politics Live: The High Court has approved the postal survey on same-sex marriage.

Key developments

• Same-sex marriage - High Court gives survey green light

• Turnbull - North Korea ‘more challenging than Cuba crisis’
• Shorten - ‘Electricity privatisation a fa ilure’
• Labor steps up survey attack

Greg Brown 4.15pm: Abbott will ‘facilitate’ bill if Yes

Tony Abbott has accused Bill Shorten of engaging in “elitist bullying” for refusing to accept the result of the postal survey if the No vote prevails.

“I will respect the people’s vote on SSM and, if Yes, facilitate the passage of a bill,” Mr Abbott posted on Twitter.

“Shorten has just said that he’ll legislate SSM regardless of the people’s vote.

“This is the kind of elitist bullying that people so dislike and are rightly concerned to reject.”

The former prime minister also made a video statement on Facebook, saying the postal survey would be a vote “to protect the family”.

“It is a real pity that some supporters of same-sex marriage wanted to deny the Australian people their say on this vital topic,” Mr Abbott said.

“Nevertheless, the High Court has spoken, the postal plebiscite will go ahead and I very much hope you all vote to protect the family.”

Rachel Baxendale 4.10pm: Shorten praises campaigners

Bill Shorten has paid tribute to same-sex marriage campaigners who lost their High Court challenge against the Turnbull government’s postal survey this afternoon, saying they had “tried to avoid the pain and the hurt and the vile things which will be said in the upcoming survey and help their community avoid that debate”.

Bill Shorten during Question Time. Picture: Gary Ramage
Bill Shorten during Question Time. Picture: Gary Ramage

The Opposition said the High Court had nonetheless made its decision and while Labor believes the $122 million survey was a waste of taxpayers’ money, those who are disappointed should turn their disappointment into determination.

“This is a debate where we need to encourage all Australians to participate in the survey,” Mr Shorten said after question time.

“If this survey must be, then we must win it. I won’t be on the sidelines in this debate, nor will the Labor Party and my colleagues.

“We will be on the front line talking to family and friends, to people in workplaces, to people in shopping centres, on street corners, encouraging people to vote Yes for marriage equality.

“I hope that Mr Turnbull is as fair dinkum as well. It’s one thing to say that you support marriage equality but when you have a position of leadership in this country, you should lead, not hide.”

Mr Shorten said Labor would call out vilification and abuse which arose during the debate.

“Wherever we see people talking rubbish about unrelated issues, we will call it out,” he said.

Deputy Labor leader Tanya Plibersek said she would be voting Yes for someone she has never met, such as a 17-year-old in a country town who hasn’t told anyone that they are same-sex attracted.

“I’m voting yes for that person because no one should feel alone,” Ms Plibersek said.

“No-one should feel that they are being judged by the broad mass of the Australian community for who they are.

“Same-sex couples don’t deserve to have their relationships put to a vote of people who have never met them.”

Labor Senate leader Penny Wong, who has two children with her female partner, said there would be many Australians who would be very disappointed by today’s High Court decision.

“I just want to say this: We didn’t want to be here but now we are here, let’s win it. Let’s get it done,” Senator Wong said.

“When I came into the parliament this morning, we could see a rainbow over the parliament and I thought, ‘I wonder what that means for the High Court case’.

“What I think it means is this: It is a sign of hope. Hope that the fairness and decency in the Australian community can be translated into a Yes vote and into

marriage equality becoming a reality. To all supporters of marriage equality in this country: Campaign, talk to people, get out the vote. Let’s get this done.”

Rachel Baxendale 3.57pm: No regrets: Wilkie

Independent MP and same-sex marriage postal survey High Court challenge plaintiff Andrew Wilkie says he has “no regrets” about taking the matter to court, despite losing the case.

“I felt we had a very strong case to make,” Mr Wilkie told Sky News outside court.

Andrew Andrew Wilkie (centre) and director of Rainbow Families Victoria Felicity Marlowe (second right) leave the High Court today. Picture: AAP
Andrew Andrew Wilkie (centre) and director of Rainbow Families Victoria Felicity Marlowe (second right) leave the High Court today. Picture: AAP

“It’s disappointing that the High Court has ruled against us, but the fact that the High Court has ruled the way it has, really on matters of law, it doesn’t in any way mean that the government’s policy is any good.

“For the government to have a non-binding, non-compulsory postal vote run by the Bureau of Statistics is still bad policy.”

Mr Wilkie said the next few weeks would still most likely be “a nasty and divisive period”.

“Still, we’re going to go through it. We can’t stop it now. We’ve done everything we can,” he said.

“All of us who have opposed the postal vote I think we are unanimous that we’re going to come behind the Yes campaign and certainly advocate everyone to get out there and to vote and to vote Yes.”

3.55pm: Yes campaign ‘the underdogs’

The group behind the controversial anti-same-sex marriage commercials has welcomed the High Court’s decision to back the government’s postal survey.

Coalition for Marriage spokesman Lyle Shelton said he was pleased Australian parents who oppose “radical LGBTIQ” sex education would be able to voice opposition to the de-gendering of marriage.

“This is a referendum on freedom of speech, freedom of religion and the parents’ freedom to have their children free of radical LGBTIQ sex-education which becomes widespread and compulsory in schools after the law changes,” Mr Shelton told reporters in Sydney following the decision.

Mr Shelton, who is also the managing director of the Australian Christian Lobby, said the coalition would continue to campaign against same-sex marriage until the survey was completed and urged prospective no-voters to donate to their lesser-resourced cause.

Advocates of same-sex marriage say they are the true underdogs and will campaign hard to get a “yes” result despite losing the court challenge. Australian Marriage Equality co-chair Alex Greenwich said it had been a long ride, but the “yes” side now had certainty.

“This is going to be a tough campaign but we are in it to win it. But certainly the task ahead is daunting, and clearly having had this process imposed upon us in this circumstance, we are clearly the underdog in this,” he said.

AAP

Chris Merritt 3.40pm: Wrong step for High Court

COMMENT

The Turnbull government has dodged a bullet, but in the long term true conservatives might come to view today’s High Court ruling as a step in the wrong direction.

Much depends on the court’s reasons, which are not yet available, but it looks like the court has made it easier for governments to spend taxpayers’ money.

This can be seen from the sharp difference between the facts involved in this challenge and another unsuccessful challenge.

Read the full piece here: Ruling a wrong step?

Greg Brown 3.35pm: Shorten ‘not happy’ with public vote

Straight after QT, Bill Shorten decides address parliament to claim he was misrepresented by the Prime Minister, who said the Opposition Leader would be happy the postal survey is going ahead. This was in reference to a 2013 speech Shorten made to the Australian Christian Lobby saying he supported a plebiscite.

Shorten says he is not happy a public vote is going ahead.

He goes on to say the Labor Party will fight for the Yes campaign.

“If the survey must be then we must win,” he says. “I will not be on the sideline saying I am too busy. I will be on the front line of this fight.”

Greg Brown 3.20pm: Last stab at citizenship

Labor legal affairs spokesman Mark Dreyfus questions how Barnaby Joyce could be Acting Prime Minister tomorrow when he may be ineligible.

“Why is the Prime Minister abusing the trust of the Australian peopl by being so reckless about the leadership of the nation?”

Malcolm Turnbull says the question “has a familiar ring to it” and referred him to previous answers.

And question time is over.

Mathias Cormann is now giving a media conference on the High Court ruling and we will have reports on that shortly.

Greg Brown 3.15pm: A couple of Dorothy Dixers

Leader of the House Chris Pyne is asked a Dixer about revelations in The Australian that trade unions have been accused of skimming more than $130 million from unregulated worker entitlement trusts — funded by employers to cover redundancies, training and sickness benefits for workers — to expand their industrial and political war chests with large sums of tax-­exempt income.

Pyne attacks the probity of the union movement and of Bill Shorten.

Immigration Minister Peter Dutton uses a question from a Coalition backbencher talks up the government’s record of cancelling visas for criminals.

He says it is a different approach from the Labor Party, which allowed criminals to become citizens. He says the government had cancelled 150 visas.

Dutton says Labor likes criminals because they become heavies for the CFMEU.

“It goes to show just how much control the CFMEU has over the Leader of the Opposition,” Dutton says.

“This man wants to be Prime Minister of this country.”

Caroline Overington 3.10pm: Here’s your chance, Australia

COMMENT

Well, isn’t this a big win for the government!

Against all odds, the Turnbull government has won the right to survey the Australian people on the subject of same-sex marriage.

You — the voters — are going to get what we here at The Australian have long said you deserve. You are going to get your say.

The High Court’s decision, delivered just minutes ago, gives the whole exercise added weight. This is now a postal survey that has been sanctioned, in a roundabout way, by the highest court in the land.

This brings new energy. Both sides will be feeling muscular.

Read the full comment piece here: Go ahead Australia, have your say

3pm: No reasons given yet

Constitutional expert George Williams says the court has only given the result today, which means we may have to wait a few weeks to find out reasons.

Meanwhile the Coalition for Marriage - the No campaign - welcomed the High Court’s decision to allow what the campaign called “the most appropriate way to allow Australians to have their say on proposed changes to the definition of marriage”.

Greg Brown 2.58pm: Burke moves again

And it is eight QTs in a row. Manager of Opposition Business Tony Burke suspends standing orders. He wants to move a motion that noted:

a) The House unanimously asks the High Court to determine if the Deputy Prime Minister was ever validly elected to Parliament.

b) The government refuses to release the Solicitor-General’s advice on which the entire legitimacy of his government rests.

c) The government refuses to even state whether it has sought advice on the risk to legal challenge to the Deputy Prime Minister’s ministerial decisions.

d) Significant ministerial decisions of the Deputy Prime Minister are being delayed, including decisions which would bring power prices down for Australians.

s) Despite doubts tomorrow the Prime Minister will risk the entire legitimacy of the government by leaving the Deputy Prime Minister in charge of the nation.

Leader of the House Chris Pyne moves his own motion that Burke no longer be heard.

A vote is required.

Chris Pyne’s motion wins.

Burke’s motion is seconded by Labor frontbencher Joel Fitzgibbon.

Pyne counters with a motion that Fitzgibbon no longer be heard.

And another vote is required.

Pyne’s motion gets up again.

Now a division is called to vote on Burke’s motion. Labor’s cause is not helped by the fact several of its members have been booted from the chamber.

Burke’s motion fails by 72 to votes to 62.

Crossbench MPs Rebekha Sharkie and Cathy McGowan abstained.

Sharkie is donning an Adelaide Crows scarf to support her team before the AFL finals series.

2.52pm: From the Lyons Den

John Lyons has written a comment piece on this afternoon’s decision, calling it a rare win for Malcolm Turnbull that gives him some political breathing space.

Read it here: Much-needed win for the PM

2.50pm: Brandis thanks Solicitor-General

Here’s what Attorney-General George Brandis told the Senate in informing them of the High Court decision:

Solicitor-General Stephen Donaghue leaving the High Court in Melbourne yesterday.
Solicitor-General Stephen Donaghue leaving the High Court in Melbourne yesterday.

I can advise the Senate that in the last few minutes, the High Court has dismissed two sets of proceedings, one brought by Mr Andrew Wilkie and the other brought by Australian Marriage Equality and other parties, designed to prevent the same sex marriage postal survey from proceeding. The effect of the decision of the Court is that there is now no legal impediment to a postal survey proceeding and all Australians having their say on this important social question.

The outcome of the High Court proceedings is what the Government expected and is consistent with the advice provided to the Government by the Commonwealth Solicitor-General, Dr Stephen Donaghue QC.

On behalf of the Government, might I take this opportunity to thank and congratulate Dr Donaghue and his team for their skilful advocacy and sound advice.

Greg Brown 2.43pm: Clare links gas to Joyce

In other business, Labor frontbencher Jason Clare has linked gas to Barnaby Joyce’s citizenship drama.

“On Sky News the Deputy Prime Minister refused to say whether the government had sought advice on the legality of his ministerial decisions. Has the government sought any advice on the risk of legal challenge if the Deputy Prime Minister, acting the Minister for Resources, makes the necessary ministerial determination To put export controls in place?”

Malcolm Turnbull says the foreshadowed policy of restrictions of gas imports, likely to be implemented next year, has already brought prices down.

“We have seen wholesale spot prices easing substantially since the announcement of the policy was made earlier in the year. So we are taking action that is having the desired effect of making more gas available and bringing down the price of gas,” Turnbull says.

Opposition legal affairs spokesman Mark Dreyfus asks about citizenship. Oh well, we got a little bit more variety today.

“Does the Prime Minister honestly consider there is no issue with leaving the Deputy Prime Minister in charge of the country when there are doubts over his qualifications to even be a member of this parliament?”

Malcolm Turnbull says there is no issue at all.

“In accordance with long-standing practice, the Deputy Prime Minister will be Acting Prime Minister while I’m overseas, when I’m in Samoa tomorrow,” he says.

And Greens MP Adam Bandt has asked if there is a deal to move asylum-seekers from Manus Island.

“It’s been revealed that last Friday you flew to the PNG to meet with the Prime Minister to discuss the crisis. Have you struck a deal with PNG? If so, what’s in the deal? In what country will the men be resettled? Or is your plan just to leave these men in limbo, create a powder keg situation, and then use force and violence against them?”

Immigration Minister Peter Dutton says the camp will close by the end of next month.

“We’ve announced we want to close Manus by 31 October. We are on track to do that, but we will continue to work with the PNG government,” Dutton says.

Rachel Baxendale 2.40pm: Greens disappointed

Greens senator Janet Rice, one of the plaintiffs in the same-sex marriage postal survey High Court challenge, says her party will continue pushing the Yes campaign after a “disappointing” High Court decision.

“I’m very disappointed that the High Court challenge was not successful, especially in the face of what has already been a damaging and untruthful campaign by the ‘no’ side,” Senator Rice said.

“It has been a real privilege to be part of this legal challenge alongside Australian Marriage Equality, and to be so well represented by the legal team led by the Human Rights Law Centre and our barrister Katherine Richardson.”

“It is shameful that the government has chosen to put a matter of human rights to a public opinion poll.”

Senator Rice said Malcolm Turnbull’s “lack of conviction” on same sex marriage had spurred into action “one of the biggest people-powered movements this country has ever seen.”

“We know we have the momentum, we have the voice and we have been working from Day One in the event that this plebiscite goes ahead. We are ready to win this, and win this convincingly,” she said.

“But we are not taking anything for granted. We will be campaigning hard to ensure that everyone who supports marriage equality will choose love and vote Yes, so that everyone has the right to marry the person they love and so we can hear wedding bells for LGBTIQ couples ringing all across the country.”

Greg Brown 2.33pm: ‘He can make his case and I’ll make mine’

Bill Shorten again asks if Malcolm Turnbull will jointly sign a letter with him to advocate the Yes vote.

Malcolm Turnbull points out that both leaders are not very popular.

“I’m interested in the assumption that the Leader of the Opposition makes that joining his signature to mine would actually increase the case for the yes vote,” Turnbull says. “The Leader of the Opposition can make his case and I’ll make mine.”

Malcolm Turnbull checks his phone during Question Time. Picture: Kym Smith
Malcolm Turnbull checks his phone during Question Time. Picture: Kym Smith

Meanwhile, a statement from Attorney-General George Brandis says the government welcomes the High Court decision and the Australian Marriage Law Postal Survey will now proceed as planned, with the ABS starting to mail out survey forms from September 12 and the final result being declared by the Australian Statistician at 11.30am on November 15.

Rachel Baxendale 2.30pm: $14m spent on survey so far

At least $14 million had already been spent on the Turnbull government’s same-sex marriage postal survey, ahead of this afternoon’s High Court decision on whether the government acted legally by authorising $122 million to be spent on the poll.

Australia’s Chief Statistician, David Kalisch told a Senate inquiry this morning the “major components of costs incurred to date” totalled $14.1m.

Mr Kalisch indicated the Australian Bureau of Statistics had discussed contingencies if the High Court rules against the postal survey.

“We do a lot of planning around different dimensions, I suppose it was something where we had seen the line of argumentation that was taken forward in terms of the particular cases and we look at those aspects,” he said.

Asked when the contingency planning had begun, Mr Kalisch said: “I think that probably we would have started some early planning last week.”

Greg Brown 2.27pm: Reaction in the House

Bill Shorten picks up on the High Court decision and asks a question on the postal vote.

“Will the Prime Minister work with the community to show his active support for marriage equality and will the Prime Minister now accept my invitation to write a joint letter to every Australian to support voting yes in the survey?”

Malcolm Turnbull hits Shorten with a zinger.

“Leader of the Opposition must be relieved that the promise he gave to the Australian Christian Lobby in 2013 is now being delivered by the Coalition. He went there to the Australian Christian Lobby and he said, ‘I think every Australian should have their say’,” Turnbull says.

“I assume that was his heartfelt conviction. Or was he simply telling people what they wanted to hear? You know, I fear it may have been the case that he was just being his old disingenuous self, telling people what they want to hear.”

The Prime Minister tells the House he will be voting Yes.

“We encourage every Australian to vote in this survey, to have their say, and as I have said in this House and in many other places, Lucy and I will be voting Yes and I will be encouraging others to vote Yes,” Turnbull says.

And in the Senate...

Attorney-General George Brandis says the government welcomes the High Court’s decision confirming the validity of the gay marriage postal survey.

“We have always been confident, that the process we adopted to deliver on our commitment, to give Australians a say on whether or not the law on marriage should be changed to allow same sex couples to marry, was consistent with all the relevant requirements,” Senator Brandis said in a statement.

“The Australian Marriage Law Postal Survey will now proceed as planned, with the ABS starting to mail out survey forms from 12 September 2017 onwards.

“A final result will be declared by the Australian Statistician at 11.30am on 15 November 2017.”

Senator Brandis said the government would now move “swifly” with proposed legislation to provide for “relevant additional safeguards to complement existing legal protections and to support the fair and proper conduct of the Australian Marriage Law Postal Survey”.

“We encourage all Australians on the Electoral Roll and eligible to vote in an election to have their say by returning their completed survey forms as soon as possible,” he said.

“And we encourage all those involved in campaigning for either the Yes or No cases to do so with courtesy and respect.

“The Government thanks the Solicitor-General, Dr Stephen Donaghue QC and his legal team for their hard work and skilful advocacy.”

- Rosie Lewis

Tessa Akerman 2.24pm: Court unanimous on two challenges

The High Court has ruled for the federal government in two challenges over the postal survey on same sex marriage. In unanimous decisions the court found for the government and ordered the plaintiffs to pay costs.

The decisions were met with silence by the court, which was full of supporters of same-sex marriage.

Two legal challenges to the plebiscite were lodged by independent MP Andrew Wilkie and lobby group Australian Marriage Equality, supported by Greens senator Janet Rice and Rainbow Families convener Felicity Marlowe.

The parties argued Finance Minister Mathias Cormann invalidly invoked his power to appropriate $122 million for the Australian Bureau of Statistics to run the postal survey, without fulfilling the necessary criteria of an “urgent” and “unforseen” need for the expenditure.

They also claimed the ABS was not empowered to collect information relating to personal opinions.

Solicitor-General Stephen Donaghue QC told the court yesterday that the appropriation for the survey was made exactly the same as previous appropriations by governments of both sides.

Dr Donaghue said there was “no public interest” in the plebiscite being challenged and disputed the claim that receiving the survey form would be offensive for some homosexual people who felt it cast aspersions on the validity of their relationships.

2.22pm: Hinch breaks the news

Question Time may change tack as the news breaks that the High Court has allowed the same-sex marriage postal plebiscite to proceed.

In the Senate, Derryn Hinch took it upon himself to tell the upper house the High Court has cleared the way for the gay marriage postal vote. He did not cite where he got that information from.

There has been much phone checking in Senate question time. Attorney-General George Brandis and Acting Special Minister of State Mathias Cormann appear particularly busy.

2.17pm: High Court clears way for same-sex marriage survey

The High Court has approved the postal survey on same-sex marriage.

Greg Brown 2.10pm: Shorten opens on energy

Bill Shorten opens up Question Time with a question on energy - the first non-citizenship question from Labor in eons.

He asked why the government would not pull the trigger on limiting gas exports.

Malcolm Turnbull reminded him he was a minister for the Gillard government, which put no export controls on Queensland LNG reserves.

“This is the man who was a minister in a government that was warned about allowing unrestricted exports from the east coast. They were warned more than four years ago, more than four years ago,” Turnbull says.

He says the foreshadowed controls on gas exploration introduced by the government had already reduced prices.

The the Prime Minister gets a Dixer on energy. Could be the theme until 2.15pm.

“We have already secured a better deal for thousands of Australian families from their energy retailers,” he says.

Opposition energy spokesman Mark Butler goes again on gas. But he manages to bring citizenship into it. Killing two birds with the one stone.

Butler says gas prices are at an all time high under the Turnbull government, leading to laughs and jeers from the government members.

“Is the reason the government has refused to make the necessary ministerial determination to put gas export controls in place because there are serious legal doubts about any ministerial actions rom the Deputy Prime Minister?”

Malcolm Turnbull attacks the Labor Party as “the party of blackouts”. There is plenty of yelling in the chamber.

“The failures we saw under Labor resulted in a 100 per cent increase in energy prices under the Labor government. And most recklessly at all, what we saw under Labor was a rush into renewables without any back-up or any storage,” Turnbull says.

“And now we are having to take unprecedented measures to restrict exports to defend Australian consumers and businesses that were abandoned by Labor.”

2pm: Question time proceeds as we await High Court

Question time has begun, with the the High Court’s verdict on the legality of the same-sex marriage postal survey due to be delivered around 2.15pm AEST.

1.45pm: Oscillation of an acrobat

Bill Shorten showing some of his agility.
Bill Shorten showing some of his agility.

The Mocker today is tackling the chutzpah of Bill Shorten, with the citizenship issue just the latest ‘circus’ in which the Labor leader has shown his contortionist skills.

Read The Mocker’s comment piece here: Contortion is what defines Shorten

Greg Brown 1.30pm: Andrews fears for freedom of speech

Liberal MP Kevin Andrews says the early campaigning from the Yes camp shows freedom of speech will be threatened if same-sex marriage is legalised.

Mr Andrews said people who are against changing the Marriage Act have been subjected to vitriol and warned it would worsen if the Yes vote succeeded.

Kevin Andrews yesterday. Picture: Kym Smith
Kevin Andrews yesterday. Picture: Kym Smith

“People who have respectfully argued, on an advertisement for example, that they are against changing the law they have been attacked on Twitter,” Mr Andrews told Sky News.

“A medical practitioner had a GetUp! campaign against her to try and seek her deregistration. I mean, this is outrageous.

“If that is happening now in terms of shutting down people’s expression, their freedom of speech, what will it be like if the law is actually changed?”

Mr Andrews said the government should continue to pursue a plebiscite if the High Court strikes down a postal survey, and keep putting pressure on the Senate to pass a bill to allow a compulsory attendance plebiscite rather than changing policies and allowing a free vote in the parliament.

Immigration Minister Peter Dutton said the government made a commitment to allow voters to have a say on the issue.

“We gave an election commitment and the Prime Minister is a man of his word and he is going to adhere to that,” Mr Dutton said.

“Lets wait and see the outcome at 2.15, I think the High Court has announced that they will make a judgement decision then, so I think people are ahead of themselves a bit at the moment in terms of what happens next.

“My judgement is that a postal plebiscite was the best way to deal with a difficult issue and most importantly, as you move around the country, people say they want to have their say and that’s what we are allowing to happen.”

1.20pm: MPeed on

Meanwhile, Tanya Plibersek is a strong contender to take out quote of the week for her reaction to getting weed on by George the wombat during a photo op for Threatened Species Day.

“Don’t worry - I’m a mother. I’ve been peed on before, and from greater heights than this,” Plibersek quipped.

Tanya Plibersek with George the wombat. Picture: Gary Ramage
Tanya Plibersek with George the wombat. Picture: Gary Ramage

Primrose Riordan 1pm: Departmental secretary reshuffle

Malcolm Turnbull has announced a reshuffle of departmental secretaries after a few resignations and the pending establishment of the Department of Home Affairs next year. Here are some of the announcements:

• As expected, Michael Pezzullo, who is currently the head of the Department of Immigration and Border Protection ,will be the new Secretary of the yet to be established Department of Home Affairs.

• Glenys Beauchamp will become the Secretary of the Department of Health after Martin Bowles’ resignation. Finn Pratt is the new the Secretary of the Department of the Environment and Energy after Gordon de Brouwer’s departure.

•Despite having some pointed criticism of the Prime Minister’s office and department in recent weeks, the infrastructure department’s secretary Mike Mrdak is the new Secretary of the Department of Communications and the Arts.

• Renée Leon is the new Secretary of the Department of Human Services, Kerri Hartland (ex- Deputy Director-General of ASIO) is the new Secretary of the Department of Employment and Steven Kennedy is the new Secretary of the Department of Infrastructure and Regional Development.

The public servants will start their new roles on September 18.

Greg Brown 12.40pm: ‘Plenty of interest in Liddell Power Station’

Deputy Prime Minister Barnaby Joyce says he knows of more companies that want to buy the Liddell Power Station than the one confirmed interested party, Delta Electricity.

Mr Joyce said this morning there would be lots of interest in buying the coal power plant in the NSW Hunter Valley if AGL chooses to sell rather than shut it down.

“I know more buyers,” Mr Joyce told Sky News.

“There are people out there who will buy Liddell because look at the price of power.

“It is not hard to think that you are going to have people thinking ‘if that generates power and that’s the price then I am very interested’.

“The biggest uncertainty they have is the Labor Party coming in and you have this romantic, almost heroic, and absolutely garbage idea that they are going to have 50 per cent renewables and therefore the punters who would go in and buy Liddell are terrified of the Labor Party.”

Opposition agriculture spokesman Joel Fitzgibbon, who has the Liddell plant in his electorate, said the plant was “clapped out”.

“The longer you keep it, the more expensive it becomes to keep on the road,” Mr Fitzgibbon told Newcastle radio station 2HD.

“(AGL has) just decided, I think rightly and understandably, they’ve made a commercial decision you can’t keep throwing money at the thing to try to keep it going.”

Rachel Baxendale 12.20pm: The wildlife of Parliament House

Tassie devils, snakes, koalas, quolls, wombats and rock wallabies have taken their place alongside the usual wildlife in parliament house as part of Threatened Species Day.

Environment Minister Josh Frydenberg congratulated Threatened Species Commissioner Gregory Andrews on his work.

He said the Turnbull government had invested more than $220m in more than 1000 different projects, announcing an additional 19 projects today.

Rachel Baxendale 11.30am: ‘I am imperfect ...’

Malcolm Turnbull says he “doesn’t have a reputation for using bad language”, but has refused to comment on reports earlier this week that he gave then-prime minister Tony Abbott an expletive-ridden dressing down in front of three ministers as the group returned from The Australian’s 50th birthday celebration aboard a government plane in 2014.

Asked whether he ever uses the C-word, as he was accused of doing with Mr Abbott, Mr Turnbull said he was very conscious of the need to ensure that his language was wholesome.

“I am imperfect and fail from time to time, but I don’t have a reputation for using bad language,” the Prime Minister told 3AW.

Asked whether he had banned himself from using the word, Mr Turnbull said: “I’m not going to go any further into that.”

“I don’t want to, I’m as imperfect as most people in that regard, but I do think we should all be very careful about the language we use, and of course particularly when kids are around.”

Sky News political commentator Peta Credlin, who was Mr Abbott’s chief of staff at the time of the alleged incident and earlier worked as Mr Turnbull’s deputy chief of staff, disputed claims from Mr Turnbull’s office that he did not use such language.

“I worked for Malcolm Turnbull and if he said he doesn’t use that language then I have to say it is wrong because he does,” Ms Credlin told Sky News on Tuesday. “He used it in the time I worked for him.”

11.10am: GST push fails

Crossbench senator David Leyonhjelm’s bill to remove the GST from electricity has been struck down in the Senate.

Labor and the government voted against. It was supported by the Greens, One Nation, Nick Xenophon and Derryn Hinch.

Rachel Baxendale 11.05am: Turnbull on burka ban

Malcolm Turnbull says he believes people should be required to show their face for security and identification purposes, but indicated he does not believe in banning the burka or telling people what they should wear.

The Prime Minister’s Coalition partner, the National Party, is due to vote on a motion from Queensland MP George Christensen to ban the burka and niqab everywhere except mosques over the weekend.

“Obviously people should have to show their face when they need to for security or other identification purposes,” Mr Turnbull said.

“In Australia we’ve never had a practice of telling people what they should wear, and I don’t see that changing, but it is very important that when a person needs to be identified that they do show their face.”

Rachel Baxendale 10.45am: Unions ‘more militant’

Malcolm Turnbull says unions are becoming “more left-wing, more militant and more wealthy”, citing analysis published in The Australian showing Australia’s largest trade unions have amassed a war chest totalling more than $1.5 billion in assets and a combined income stream estimated at $900 million a year, despite a continuing decline in their membership base.

The Prime Minister said the government did not have any plans to change the unions’ tax free status.

“But you can see that what you’ve got with the unions that essentially control the Labor Party is they are becoming more left wing, more militant, more wealthy,” he told 3AW.

“Therefore you see the extraordinary situation here in parliament just in the last sittings where the Labor Party under directions from the unions was opposing legislation that did no more than ban corrupt payments from business to unions.

“You’d think they would have said, sure, absolutely, where do we sign?”

Rachel Baxendale 10.35am: PM backs Dutton decision on Dusty’s father

Malcolm Turnbull has backed Immigration Minister Peter Dutton’s decision to keep the father of AFL Brownlow Medal favourite and Richmond star Dustin Martin out of Australia using new migration laws.

Dustin Martin of the Richmond Tigers trains at Punt Road Ova. Picture: AAP
Dustin Martin of the Richmond Tigers trains at Punt Road Ova. Picture: AAP

The Prime Minister said Shane Martin, a New Zealand citizen, had had his visa cancelled as a result of his criminal record and association with outlaw motorcycle gangs.

Asked whether he was a threat to Australians’ safety, Mr Turnbull said, “of course”.

“We make no apologies for this,” Mr Turnbull told 3AW.

“In fact we’re proud of it. We amended the Migration Act to ensure that people who are outlaw motorcycle gang members, who are criminals, or otherwise threats to national security, cannot stay in Australia.”

Rachel Baxendale 10.30am: PM’s power bill

Malcolm Turnbull says the power bill for his mansion in Sydney’s Point Piper is bigger than that of the average house, but says solar panels and battery storage mean that from much of the day, it is not drawing from the grid.

“It is a big house and we’ve got, there’s quite a lot of protection there which burns up quite a lot of energy but I won’t go into the precise amount of the power bill, but I can assure you it’s bigger than the average house,” the Prime Minister told 3AW’s Neil Mitchell.

Mr Turnbull said the bill had “certainly increased”.

“Although I have to say it’s lower than it otherwise would be because we have solar panels and a battery,” he said.

“My son Alex is very knowledgeable on renewables and energy economics generally, and we had had solar panels for a long time but we got some new ones recently and a battery and that’s certainly meant that for much of the day, even with the big power demand we have there we’re actually not drawing any electricity from the grid.”

Greg Brown 10.20am: Shorten open to Liddell funds plan

Bill Shorten says using taxpayer funds to keep the Liddell Power Station open is a “legitimate debate” and the Labor Party was considering supporting it.

The Opposition Leader said this morning he was open to the idea of keeping the Hunter Valley coal power plant open beyond 2022, despite Labor energy spokesman Mark Butler ridiculing the idea yesterday.

“I think that is an issue for down the track, it is a legitimate debate to have and we haven’t formed a final view,” Mr Shorten told ABC radio.

But Mr Shorten said it was more important that the government “pull the trigger” on export controls to ensure there is enough energy supply for summer.

“Liddell is going to be there until 2022 at the very least, my concern is the shortages this summer, they have said there needs to be a strategic reserve this summer,” he said.

“There is a mechanism that we have supported the government introducing, an export control mechanism. It is beyond a joke that industrial gas users in Japan can buy Australian gas more cheaply than companies in Australia can buy Australian gas.”

Deputy Labor leader Tanya Plibersek said no one in the industry thought it was a good idea to keep Liddell open beyond 2022.

“My understanding is that this station is reaching the end of its natural life,” Ms Plibersek told ABC radio. “We’re talking about extraordinary costs, some people have said half a billion dollars, some people have said $1bn. I think it’s up to the government to explain exactly how that would work. It doesn’t seem to be anyone in the industry or indeed anyone in AGL who thinks that this is a good idea.”

10.10am: GST proposal

The Senate is debating a proposal from crossbench MP David Leyonhjelm to remove the GST from electricity. It is not expected to go far as it is opposed by the government and Labor.

Greg Brown 10.05am: Labor steps up survey attack

The Labor Party has stepped up its attack on the postal survey with the High Court to decide on its legality this afternoon.

Bill Shorten said he would ask Malcolm Turnbull to allow a free vote in the parliament if the High Court strikes down the survey on same-sex marriage.

“If Mr Turnbull won’t or can’t allow a full free vote in the parliament, if we are elected at the next election we will just get on with it, the government will present a bill and we will have marriage equality within 100 days of the election,” Mr Shorten said.

Deputy Labor leader Tanya Plibersek said she hopes the High Court finds the survey unconstitutional.

“I certainly hope that the High Court rules against this $122 million waste of money, because of the waste of money but also because of the horrible, hurtful, damaging things that are already being said in this debate,” Ms Plibersek said.

“I can’t imagine being a 17 year old kid in a small country town who hasn’t told their family that they’re gay, and hearing some of the stuff that’s being said about homosexuality and same-sex relationships in this debate already.”

Rachel Baxendale 9.55am: Morrison backs AGL claim

Treasurer Scott Morrison has backed up Energy Minister Josh Frydenberg’s claim that AGL boss Andy Vesey told a room full of ministers and energy bosses that the company was prepared to sell the Liddell coal-fired power plant in the NSW Hunter Valley “to a responsible buyer”.

“He didn’t say it in secret, he said it out loud,” Mr Morrison told ABC radio.

“It was in a room with four ministers, note takers and all the retail energy bosses. I mean it wasn’t said behind the outhouse.”

Mr Morrison dismissed an idea floated by crossbench senator David Leyonhjelm to scrap the GST on power bills, saving consumers an estimated average of $200 a year.

“It would be a tax merry-go-round. I mean it would cost $2bn a year, so $8bn over the forward estimates, so the states would then have to raise payroll taxes or stamp duties or land taxes to compensate for that loss of revenue or they would come to the commonwealth and say you have to increase income taxes or other taxes to compensate for that $2bn,” he said.

“I have no doubt they would be running around saying , ‘oh well we’ve got to now shut hospital beds and schools and all the rest of it because you ripped $2bn a year out of the GST’.

“The GST base has already fallen from over 60 per cent since it was first started of consumption, coming down to almost 50 per cent now so we’re seeing a decline and a contraction in the GST base as it is, and so creating a tax merry-go-round like that, where gets given away in one hand and taken back in another, I think it’s a bit of smoke and mirrors.”

9.40am: Sign of the times?

Greg Brown 9.15am: ‘Electricity privatisation has been a failure’

Bill Shorten has declared electricity privatisation has been a failure.

Mr Shorten said this morning “ruthless” energy companies were a large reason for escalating price rises, arguing they never should have been allowed to own the networks.

“Businesses are getting screwed at the moment and lets call it as it is: the power of large energy companies, their ruthless pursuit of profits above all else is hurting Australia,” Mr Shorten told ABC radio.

“We haven’t had a conversation in this country about the impact of privatisation of our electricity in the 1990s and what we’ve seen is that we have lost control of prices and we are seeing that the profit of large companies is being put ahead of the needs of consumers and business.”

But Mr Shorten said it would be difficult for government to reclaim ownership of the energy networks.

“There is no doubt that privatisation has been a big problem and I think the debate in Australia needs to recognise that, now it is very hard to wind back the clock but what we do need to do is get on and end the blame game,” Mr Shorten said.

“I say privatisation is a big culprit of a lot of our problems, the current government says that what happened before four years ago was part of the problem, but in the last four years what has been done?”

Rachel Baxendale 9.05am: ‘Better days ahead’

Scott Morrison says Australia has been waiting for the sorts of pick-ups in business investment shown in the latest national accounts since the peak of the mining boom.

Business investment grew 1.5 per cent over the past year, according to the figures released yesterday.

The Treasurer said the overall growth figure of an average of 1.9 per cent over the year was better than the 1.75 per cent forecast in the May budget.

“You’ve got good growth in exports, you’ve got good growth in investment, you’ve got public investment in particular, and that’s things like infrastructure and our defence spending, our defence industry plan which saw growth in that sector go up over 26 per cent in the quarter, so that is where that encouragement comes from in the better days ahead which I said that we’re now starting to see emerge,” Mr Morrison told ABC radio.

Mr Morrison said he agreed with The Australian’s economics editor David Uren’s analysis that the “better days ahead” need to include wages growth, admitting that household incomes had been flat.

“The government acknowledges that, but in order for household incomes to rise, we need to see business investment increase, we need to see a sustained increase in profits in the economy and that’s what will lead to wages,” Mr Morrison said.

“Now we’ve had 240,000 jobs created last year. That’s why the overall bill for wages and salaries, compensation to employees in the national accounts, rose in what we saw yesterday and that was driven off the back of more people being in work. Now that’s a good thing.

“As you continue to see the labour market tightening, then you will see that flow into wages which is what the Reserve Bank governor said, but I agree with David Uren in his analysis.

“We do want to see an improvement in wages because that is what’s going to lift people’s household incomes and enables them to better deal with the fixed costs of life, and they include electricity bills.”

Greg Brown 8.55am: PM dismisses GST calls

Malcolm Turnbull has slapped down calls for the GST to be exempt from electricity. Mr Turnbull said this morning that removing the tax from utility bills would simply encourage state governments to raise other taxes.

“It is being proposed but you’ve got to remember it would cost states and territories $2 billion a year,” Mr Turnbull told the Nine Network.

“Where are they going to make that up from? Are they going to put up land tax, are they going to cut services or are they going to ask us to put up income tax? We are all running very tight budgets here so it would just pass the tax burden onto some other part of the system.”

Greg Brown 8.30am: ‘More challenging than Cuban crisis’

Mr Turnbull has warned the hostilities on the Korean Peninsula is a more challenging situation than the Cuban missile crisis.

The Prime Minister said this morning the North Korean regime was more difficult to deal with than Cuba, which was essentially a client of the Soviet Union during the Cold War.

“It is in many respects a more challenging situation than the Cuban Missile Crisis,” Mr Turnbull told the Seven Network.

“The Cuban Missile Crisis (involved) two parties that were the United States and the Soviet Union.

“What we have now in North Korea is a rogue regime that is not taking heed from anybody, it is not a client state of China.”

Mr Turnbull said the risk of war was in the Korean Peninsula was at its highest in more than 60 years. But he would not “speculate” on the likelihood of Kim Jong-un firing a missile at US territory.

“We have America’s back, America has our back. We are joined at the hip and if there is an attack on America we will come to America’s aid and if there is an attack on Australia, America will come to our aid, Mr Turnbull said.

He said further aggression from North Korea would be a “suicide note”.

“An attack on the United States or its allies by North Korea would be met with overwhelming force,” he said.

“As President Trump has said, it would be a suicide note by Kim Jong-un, would be a catastrophe, thousands would die, it would be an unmitigated catastrophe.

“We are doing everything we can with our allies and our partners around the world to bring that stronger economic pressure on North Korea, our goal is to resolve this without conflict.”

Greg Brown 7.15am: Today’s headlines

• Tony Abbott has told Malcolm Turnbull to “find another way” to hold a plebiscite on same-sex marriage if the High Court today strikes down the planned postal survey, declaring there can be no parliamentary vote on the controversial issue without a plebiscite occurring first.

• Julie Bishop yesterday revealed there are “contingency plans” in place to protect Australian citizens in South Korea after Japanese officials said they were looking at evacuation arrangements.

• The proposed removal of GST from electricity bills, which would deliver an immediate cut of at least $200 to the average annual power bill, would cost the cash-rich states and territories a maximum of $2 billion, according to analysis by the Parliamentary Budget Office.

• Malcolm Turnbull is looking at new ways to expand the nation’s coal-fired power stations as he vows to give Australian households more affordable and reliable energy, with a surprise bidder emerging to keep a crucial AGL generator running into the next decade.

• The Nick Xenophon Team is on the verge of clinching a media reform deal with the Turnbull government but the package’s success will depend on whether the parties can agree to measures to increase jobs in journalism.

• Public-sector spending and debt-fuelled household consumption are contributing the most to keeping the economy afloat but business investment is starting to improve, the latest national accounts have revealed.

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Original URL: https://www.theaustralian.com.au/national-affairs/australian-politics-live-samesex-marriage-postal-survey-verdict-expected/news-story/ae590271f656a58f50d5b92e5b0f1c06