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

The terms of reference do refer to the outbreak of equine influenza, not in Eastern Creek but in Australia. That would be interpreted as referring to the outbreak anywhere in Australia but, in the event that somebody were to seek to argue that the outbreak actually occurred in Eastern Creek and therefore the inquiry should be limited only to Eastern Creek, I dare say Mr Callinan’s judicial mind would allow him to have reference to (iii), which refers him to any matters ‘incidental to’. I think everybody would agree that, as a matter of construction, if somebody were to seek to say that the outbreak can only have occurred in one place, clearly a matter incidental to the initial outbreak is its spread through to other parts of Australia. Therefore, Mr Callinan would be clothed with full authority, on the current construction of the terms of reference, to make the sort of inquiry that Senator O’Brien refers to. Once again, having said that, in the event that some argument is to be brought forward or sought to be maintained to restrict Mr Callinan’s inquiry, then we do have the assurances of both Mr Callinan and Minister McGauran that I have referred to previously, which indicate they would both pursue as broad a reference as possible to ensure that all matters are appropriately inquired into.