Home Insulation Program

Mr Fletcher asked the Minister for Climate Change and Energy Efficiency, in writing, on 10 May 2012:

Further to his answer to questions in writing Nos. 790 and 827 (Hansard, 8 May 2012, page 53 and 56), (a) on what date in 2009 was the advice (i) sought, and (ii) received, (b) was the advice sought before the decision was taken to expend funds under the Home Insulation Program, and (c) did the advice identify any risks, concerns or questions as to the constitutionality of expenditure under the Home Insulation Program; if so, can he indicate what these risks, concerns or questions were, and what measures were taken to mitigate them.

Mr Combet: The answer to the honourable member's question is as follows:

In my answers to the previous questions, I confirmed that legal advice was received from the Attorney-General's Department in 2009 in relation to the Commonwealth's constitutional powers in relation to the expenditure of funds. Consistently with the Government's policy on the disclosure of legal advice to Parliamentary Committees, I do not propose to comment further on the advice that was received.