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Follow up questions to SQ26-000140 - Legal advice on social media ban

View on aph.gov.au (opens in a new tab)
Status: Open, still live
Asked by: Senator Fatima Payman
Portfolio: Infrastructure, Transport, Regional Development, Communications, Sport and the Arts
Agency: Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts
Round: 2026-27 Budget estimates
Question No: SQ26-000672
Asked: 8 June 2026
Answer due: 16 July 2026

Question

In response to SQ26-000140, the Department said ''Further, and in any event, consistent with longstanding practice, the Australian Government generally does not disclose the content of any Commonwealth legal advice.'' 1. Which part of SQ26-000140 sought the disclosure of the content of any Commonwealth legal advice? 2. Is it the case that the questions only sought information around requests for advice, and not information about the advice itself? 3. Why did the department mention the disclosure of legal advice in a question that did not seek the disclosure of legal advice? 4. In response to SQ26-000140, the Department said ''Given that there are current proceedings on foot concerning the constitutional validity of Part 4A of the Online Safety Act 2021, it would not be appropriate at this stage to provide a response to questions concerning whether advice was obtained on that same issue.'' How flimsy of a case does the Commonwealth have if it cannot even confirm whether it sought advice about the validity of the social media ban?

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