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Opposition seeks solicitor general opinion on Voice questions

The shadow attorney general, Julian Leeser, also appeared on Sky News explaining why the Coalition has written to the government seeking legal advice on the proposed wording of the referendum question.

Leeser criticised Anthony Albanese for proposing words for the constitutional change at Garma without consulting the solicitor general.

The solicitor general, Stephen Donaghue and attorney general Mark Dreyfus had spoken to the referendum working group on Thursday. Leeser wants to know “what the most senior government lawyer thinks are the issues and challenges with the words the government has put forward”.

Leeser defended Coalition questioning of the definition of Aboriginality, explaining there are “a series of different definitions in different pieces of legislation” including the Social Security Act and the Child Care Act.

Leeser said the Mabo case test of descent, identification and recognition is generally used, but “the government needs to be specific about what they’re going to use in this body – it’s a question that Australians are asking in fact it’s a question that’s been raised with us by Aboriginal people”.

Leeser said that Liberal leader Peter Dutton comes to the issue of the voice “with an open mind” but has been seeking detail that the government hasn’t given (because the detail is still being developed by the referendum working group and by parliament after the referendum).

On the referendum machinery provisions bill, Leeser said:

[There are] three elements that we wanted the government to address. Firstly, they should never have removed the yes and no case booklet which has been there basically, for every referendum in living memory. And they’ve put that back. Secondly, in an age of foreign interference in which it’s becoming more difficult to comply with the electoral laws, it’s important to have an official yes and no case. And thirdly, it’s very important that both sides are funded. So, that Australians will hear the yes and no case.

Leeser said the Coalition had voted against the bill in the lower house, encouraging the government to deal with the opposition to pass it in the Senate with those changes.