Rod Kemp (Victoria, Liberal Party, Minister for the Arts and Sport) Share this | Hansard source

Senator Scullion, listening to your speech my first thought was, ‘What a courageous senator Senator O’Brien is to come into the chamber and debate someone like you, who clearly has such an in-depth knowledge of the bill and such life experience.’ As you mentioned, probably no-one on this side of the parliament has been to sea more than you. We learnt about your views on explosives, with which you mentioned some experience. As your excellent speech went on—Senator O’Brien, I did not think I would ever have to say this in the chamber—I thought, ‘Senator O’Brien has shown some courage in standing up and trying to debate Senator Scullion on these issues.’ It was more than a TKO, in a metaphorical sense. I think that all of us have learnt a lot from Senator Scullion, and the Senate is indebted to him for the excellent contribution that he has made.

I will make a few brief comments. My understanding is that the Labor Party will be supporting the Maritime Legislation Amendment Bill 2005 [2006]. Some people may not have appreciated that from listening to the debate, but my understanding is that the Labor Party will be supporting the bill as it stands. In recent years, industry and other stakeholders have pressed for changes in a number of areas of shipping regulation to address what they see as outdated safety and environmental protection legislation. I think it is true to say that this bill addresses those concerns. In amending four acts, the bill will strengthen the legislative regime surrounding shipping safety and maritime environment protection and will modernise and enhance penalties for safety and environmental offences.

A number of amendments were specifically referred to in the second reading speech and during the debate on the bill. The only amendments which I will mention now are the new subsections 386A(2) and (3) to be inserted into the Navigation Act. These subsections set out offences analogous to dangerous driving offences. There will be an offence under the new subsections only under exceptional circumstances. Such an offence will occur if a seafarer is under the influence of alcohol or another drug, is in breach of his or her duty or operates a ship in a dangerous manner and as a result there is actual or likely death or injury to a person or damage to a ship. There are graduated maximum offences depending on the consequences of the action, with the highest offence applying where a person dies.

In proposing these amendments the government wishes to reassure all concerned that there is no intention that there be criminalisation of seafarers’ actions such as has happened in some other countries where, I am advised, on a number of occasions crew members have been arrested and held in prison following incidents which have resulted in accidental pollution. In the government’s view it is not appropriate that seafarers be held in prison in such circumstances, and this government does not support actions where seafarers are treated unfairly. The bill continues this government’s efforts to update the legislation which governs shipping. I commend the bill to the Senate and hope that it can have a speedy passage, because my understanding is that it has very widespread support.

Question put:

That the amendment (Senator O’Brien’s) be agreed to.