Ron Boswell (Queensland, National Party) Share this | Hansard source

I would like to take this opportunity to read into the Hansard the advice that I have received, because I think people should be warned if they do go ahead with this carbon sink proposal. My advice is:

A very strong argument can be made that the scheme can only operate when the climate change minister makes legislative instruments relating to environmental and the actual resource management. The important aspect of this is that either House acting alone may disallow an instrument. The reasoning behind my advice is section 40/105 provides for deduction if you comply with section 40/1010. Section 40/1010 provides that expenditure is covered if you meet conditions. One of the conditions is that you must meet the requirements of guidelines. If these guidelines in subsection 40/1010(3) which are disallowable ...

So I think it is absolutely important that that be part of the debate, because people may feel inclined to go ahead with this. I am not a solicitor—I am a paintbrush salesman—but my belief from reading that is that you cannot go ahead until the guidelines are put down.