DOCUMENTS

Senator LAMBIE (Tasmania) (11:46): I, and also on behalf of Senator Shoebridge, move: That the Senate— (a) notes that: (i) order for the production of documents no. 368, agreed to by the Senate on 4 March 2026 and requiring the Minister representing the Minister for Defence to provide, by midday on 5 March 2026, the Independent Audit of the Defence Estate provided to the Government in December 2023, has not been complied with, (ii) on 1 May 2026, the Minister representing the Minister for Defence provided the minister's letter of response raising public interest immunity claims, and (iii) the Deputy Secretary Security and Estate informed the Foreign Affairs, Defence and Trade Legislation Committee that a copy of the report was delivered 'wrapped in Christmas paper' in December 2023; (b) rejects the public interest immunity claims made by the minister on the basis that: (i) a document delivered 'wrapped in Christmas paper' is inconsistent with Defence requirements for the handling of classified documents and Cabinet documents, (ii) in order to attract privilege, the common law and the Evidence Acts in Australia require a communication or document to be made or produced for the 'dominant purpose' of providing legal advice for actual or anticipated legal proceedings, and that is not the dominant purpose of the audit report, and (iii) the terms of reference issued to the auditors contained no reference to consideration by the Cabinet being the dominant purpose of the report; and (c) requires the Minister representing the Minister for Defence to fully comply with order no. 368 by midday on Monday, 14 September 2026.