Kerry O'Brien (Tasmania, Australian Labor Party, Shadow Minister for Primary Industries, Fisheries and Forestry) Share this | Hansard source

The opposition’s position on these two amendments is the same as our position on all other amendments. We received them this morning. We were not previously consulted about them. There was no consultation before today. We have been critical of the government for the short time that we have had to deal with the bills. To be even handed, we would be critical of the movers for the short time that we have had to consider these amendments—although we do concede that everyone has been under pressure in this week to deal with a very extensive and tight legislative program. We do not believe that it is appropriate to effectively shoot from the hip in relation to this legislation by supporting amendments that we have not had an opportunity to completely investigate, especially in terms of any broad consequences that might arise from amendments that are set out in detail. I understand that Senator Siewert was not able to be at the committee hearing for other reasons. I recognise that Senator Siewert’s staff member was present, as far as I could tell, for most if not all of the committee’s hearing, as was I.

It may be that this is a valiant attempt to give expression to noble principles in relation to the legislation. We would be sympathetic in a general sense to a number of the amendments on sheet 5361. However, we do not believe that it is appropriate, as I said, to shoot from the hip and make amendments to the legislation now which we might regret later given more of an opportunity to scrutinise them and a better chance to understand the broad implications that each would have. So we will not be supporting these two amendments; we will not be supporting any of the amendments on sheet 5361, for the reasons that I have outlined. That may not be satisfactory to Senator Siewert, but that is the position that we find ourselves in and that will be the position reflected in our votes on all of the amendments in that package.

During the committee, I referred to clause 35 of the legislation in proposed subdivision D and the fact that, where a state or an operating authority or an infrastructure operator established water-sharing arrangements that were not consistent with the basin plan, the legislation appeared to give the Commonwealth the opportunity to effectively bypass those entities and to prosecute an individual holder of a water access right as a means of applying pressure to the other entities mentioned in subclause 1 of clause 35—in other words, the least well-resourced part of the chain might be prosecuted, applying pressure to others above that person or entity in the chain. The officers of the department indicated that they would be prepared to undertake that such a practice would not be observed. I indicated that I would ask that the Commonwealth, through the minister, would give such an undertaking on the record. I repeat the request and ask whether the minister is able to give that undertaking today.