Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Fatima Payman

I move:

That the Senate—

(a) notes that:

(i) on 26 August 2025, the Senate ordered the production of a document that details the specific harm to the public interest that would result from the disclosure of the information sought by order no. 37, relating to the development of legislative instruments made under the Online Safety Act 2021, and

(ii) the Minister representing the Minister for Communications has failed to produce such a document;

(b) reaffirms the resolution of the Senate of 30 October 2003, which held that public interest immunity claims made on grounds that the information requested is commercial-in-confidence would not be entertained unless an explanation of the commercial harm that may result from the disclosure is offered to the Senate;

(c) rejects the minister's claim of public interest immunity, in the absence of an explanation; and

(d) requires the Minister representing the Minister for Communications to comply with order no. 37 and produce the documents without redaction by no later than 5 pm on Thursday, 4 September 2025.

Sue Lines

The question is that general business notice of motion No. 138, standing in the name of Senator Payman, be agreed to.