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Home»Geopolitics»Australia politics live: Nationals argue gun buyback is against constitutional clause featured in The Castle | Australian politics
Geopolitics

Australia politics live: Nationals argue gun buyback is against constitutional clause featured in The Castle | Australian politics

primereportsBy primereportsAugust 16, 2026No Comments9 Mins Read
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Nationals argue low gun buyback price doesn’t sit well with the constitution

Nationals senator Bridget McKenzie says the first and only deal so far negotiated between the commonwealth and NSW to buy back guns in the wake of the Bondi terror attack might not work with the constitution.

The scheme will give licence holders a fixed compensation fee based on their type of firearm when they surrender it to NSW police.

McKenzie tells the ABC’s AM program that the deal doesn’t take into account the cost of firearm accessories and falls foul of a provision in the constitution that requires fair compensation:

double quotation markDoes a buyback need to be on just terms? Yes, it does. Does it need to ensure that market value is paid to Australians for their own assets? Of course it does. And under the federal constitution, that’s a requirement.

If that sounds a little familiar to you, it’s the same argument Darryl Kerrigan (or rather his more erudite lawyer) made in the film The Castle: that the commonwealth may acquire property on “just terms”, as set out in section 51(xxxi).

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Updated at 22.55 BST

Key events

‘Pretty obvious’ SA treasurer says there will be a gap in care left from NDIS changes

South Australian treasurer, Tom Koutsantonis says he has real concerns about the government’s proposed changes to the NDIS scheme, which it hopes to pass this week, and worries there will be gaps in care from the reforms.

Koutsantonis tells RN Breakfast he’s worried his state and others won’t be able to provide enough support for individuals who are no longer eligible for the NDIS.

It’s been an uphill battle for the federal government to get the states on board with implementing so-called foundational supports and the thriving kids program.

Koutsantonis says:

double quotation markWe’re doing our very best, but look, I am concerned about the NDIS. I am concerned about a number of people being taken off the system and those foundational supports leaving people looking for services and they’re going to turn to state governments. And they’re going to turn to state governments, and we won’t have the resources we need to look after them.

I think it’s pretty obvious there’s going to be a gap in care. The question is how we deal with it. I mean, I think the entire system needs reform, and I think the commonwealth government are right to reform it. But let’s not pretend somehow that this system is now fully funded and ready to pick up the pieces of people coming off the NDIS. It’s just not.

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Updated at 23.04 BST

Mathias Cormann defends the WA GST deal he helped create

Mathias Cormann, the former finance minister who helped design the 2018 GST deal for WA and was a senator for WA says he disagrees with critics that the scheme – that’s handed billions of dollars to the west – has been a costly mistake.

On Friday, the productivity commission released an interim review of the deal that says tens of billions of dollars have gone to the richest state and that it “reshaped a system that needed targeted reform, leaving taxpayers with a large and growing bill”.

Cormann, who now heads the OECD (but speaks in a personal capacity) says the deal addressed a “significant unfairness” where WA’s share of GST was down to 30 cents in a dollar.

On RN Breakfast Cormann argues that if the reforms had not been in place, WA’s share would have dropped below 10 cents in the dollar when iron ore prices remained much higher for much longer than was anticipated at the time.

double quotation markIt was a very important reform to federal financial relations, addressing a very significant unfairness for the state of Western Australia, and also a real problem when it comes to the incentive arrangements in our federation in relation to state economic development, in particular of the resources and mining sector.

Asked about WA premier Roger Cook’s comments after the productivity commission released its report on Friday, calling other state governments “lazy” and accusing them of not pulling their weight, Cormann says he won’t go into political commentary.

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Nationals argue low gun buyback price doesn’t sit well with the constitution

Nationals senator Bridget McKenzie says the first and only deal so far negotiated between the commonwealth and NSW to buy back guns in the wake of the Bondi terror attack might not work with the constitution.

The scheme will give licence holders a fixed compensation fee based on their type of firearm when they surrender it to NSW police.

McKenzie tells the ABC’s AM program that the deal doesn’t take into account the cost of firearm accessories and falls foul of a provision in the constitution that requires fair compensation:

double quotation markDoes a buyback need to be on just terms? Yes, it does. Does it need to ensure that market value is paid to Australians for their own assets? Of course it does. And under the federal constitution, that’s a requirement.

If that sounds a little familiar to you, it’s the same argument Darryl Kerrigan (or rather his more erudite lawyer) made in the film The Castle: that the commonwealth may acquire property on “just terms”, as set out in section 51(xxxi).

Share

Updated at 22.55 BST

Debate on NDIS legislation begins in the Senate today

The minister for the national disability insurance scheme (NDIS), Jenny McAllister, says she’s confident there is a deal to be reached with the Coalition overhauling the program.

Debate in the Senate will begin today and the government wants the legislation passed this week.

On Friday, the extended Senate inquiry examining the legislation handed down its report.

McAllister tells RN Breakfast:

double quotation markI’m confident that there is an agreement to be reached here, and I say it for this reason. The Coalition has said publicly that they think that reforming this scheme does matter. They’ve said that they’re up for that task.

The minister for the NDIS, Jenny McAllister, in July. Photograph: Mick Tsikas/AAP

Asked whether participants who will no longer be eligible to be on the scheme under the changes will be left high and dry with the states and territories dragging their feet on alternative support, McAllister says everyone will still be able to access help.

double quotation markWe’ve been really clear that we won’t leave people without supports and it’s why we’ve initiated a conversation about foundational supports well before any access changes. We don’t expect any changes to access to the scheme to occur until 2028.

We don’t want to leave people without supports and we don’t want to see people fall between two stools.

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Updated at 22.43 BST

Joyce says One Nation are ‘not homophobes’, but won’t be seen at Mardi Gras

One Nation leader Barnaby Joyce says his party are not homophobes, but will absolutely not attend a Mardi Gras event.

Last week Joyce said One Nation was “one of the gayest parties in Australia” after comments surfaced from a failed candidate describing same-sex attraction as a mental illness.

Then Pauline Hanson was asked whether she still held her views from 1996 in when she said she didn’t like the event, and yesterday told News24 she still doesn’t like it. She said she has “no problem” with same sex marriage, but that people should keep their sexuality “behind closed doors”.

Joyce told Sunrise this morning the party is saying that an individual’s sexuality is “their business”.

double quotation markEverybody’s trying to make us as a pack of homophobes, which we’re not. It’s just ridiculous. And we’re not racist, we’re not homophobes, but we always get these tropes thrown at us …

You can absolutely bet I would not go to the Mardi Gras. But that’s my business, and we just want you to live your own life.

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Updated at 22.22 BST

Community groups and migrant advocates urge Labor against rule changes

Tom McIlroy

Tom McIlroy

Dozens of non-profit groups, multicultural advocacy organisations and social service agencies have urged the federal government not to proceed with changes to limit work rights for temporary migrants.

The home affairs minister, Tony Burke, is working on new changes to cut overseas migration levels to Australia. It was reported last week the package, which is delayed pending cabinet deliberations, will include new rules removing some rights for temporary migrants applying for protection once their claim has been rejected.

Burke’s planned announcement at the National Press Club was delayed this month.

Nearly 150 different organisations, including the Asylum Seeker Resource Centre and Jesuit Social Services, have organised a massive open letter to Prime Minister Anthony Albanese, warning against restrictive changes.

It says removing work rights would strip people of their income and their independence, leaving them unable to pay rent, buy food or meet their most basic needs. Instead the letter urges investment in faster processing of applications, help for legal assistance and work rights.

“At a time when multiculturalism and migrant communities are facing growing attacks and scapegoating, Australia needs leadership that brings people together, upholds fairness and ensures our policies do not further harm communities already being targeted,” the letter says.

double quotation markThis is not the Australia we want to be and it is not the answer to the growing challenges facing our community.

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Updated at 22.23 BST

Welcome

Krishani Dhanji

Krishani Dhanji

Good morning, Krishani Dhanji here with you for week two of this sitting fortnight.

We’re getting to crunch time on Labor’s proposed changes to the NDIS and gambling regulations – both are still on the negotiation table.

Barnaby Joyce has declared that One Nation are not homophobes on Sunrise, after he last week called One Nation “one of the gayest parties in Australia” – more on that in a moment.

And dozens of non-profit and community groups are urging Labor not to change rules that would limit work rights for temporary migrants.

Let’s get stuck in!

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Updated at 22.24 BST

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