Eric Abetz (Tasmania, Liberal Party, Minister for Fisheries, Forestry and Conservation) Share this | Hansard source

What Senator Murray has indicated, and I think I am quoting correctly, is that his amendments are trying to anticipate future legislation. That is really asking this parliament to engage in hypothetical legislation because, just as much as we might take 18 months to respond, we might be legislating on the basis of something that does not occur in Western Australia—the legislation could be withdrawn, deferred, delayed or whatever. Therefore, the government has taken the view that that legislation which is in place at the moment will be preserved—in other words, the status quo as it exists; where there is legislation it will be preserved and where there is no legislation in the states that position will be preserved. We will have a review next year, and depending on the outcome of that review we will take the matter forward. I indicate that we will be opposing amendment R(3) albeit that I think we will be voting on them together.

In amendments (4) and (5) the Democrats are seeking to alter amendment 10 of the bill to prevent the making of regulations that are inconsistent with the exceptions to the exclusion provision in section 7(2). Such regulations are currently permissible under clause 10. The exclusion provision and the exceptions to the exclusion provisions are very complex. Although I am confident that the provisions work as the government intends, it is always possible that there may be some unintended consequences. The regulation-making powers in clause 10 of the bill give the government the ability to promptly respond to any unintended consequences flowing from the operation of the exclusion provisions. The government does not intend to use these regulation-making powers to make wholesale changes to the exclusion provisions which enlarge their effect. Nevertheless, of course the parliament has a supervisory role over regulations and it can disallow those regulations. I think we would all agree that making a regulation to overcome unintended consequences is a lot quicker than seeking to amend legislation. So that is why we seek to have them stand as they exist. On amendments (4) and (5) I can also indicate that the government opposes the Democrat approach.