Senator PAYNE (New South Wales—Minister for Human Services) (14:50): I think it is really important to be very clear about the ISDS provisions in this agreement. The ISDS provisions in the China-Australia Free Trade Agreement provide a mechanism for Australian or Chinese investors to pursue international arbitration based on a claimed violation of the national treatment commitment in the investment chapter. ISDS does not protect an investor from any loss of profits from a change in government policy or regulation. ISDS also does not prevent a government from changing its policies or regulating in the public interest. Investors should understand the relevant regulatory environment before they commit to making their investments. What modern ISDS mechanisms— The PRESIDENT: Pause the clock. Senator Whish-Wilson, a point of order? Senator Whish-Wilson: Mr President, I did back up my question with an example, that is true. But the primary question was: can the minister guarantee that Australia will not be sued by strategic litigation with ISDS? The PRESIDENT: The minister has been addressing the question—not necessarily that specific portion. Minister, you have the call. Senator PAYNE: I am trying to explain to Senator Whish-Wilson and to the chamber these aspects of the ISDS. I think I was saying that modern ISDS mechanisms incorporate explicit safeguards to reaffirm the right of governments to take decisions in the public interest, including in the areas of health and the environment, and reduce the chance of foreign investors bringing frivolous claims. (Time expired)