Jan McLucas (Queensland, Australian Labor Party, Parliamentary Secretary to the Minister for Health and Ageing) Share this | Hansard source

I was going to give the opportunity for other speakers to speak if they wanted to. In response to Senator Joyce’s comment, can I say that, as the running sheet indicates, these amendments are in conflict with, and it says similar to, Senator Joyce’s, but I think similar is probably a stretch. I am suggesting I will speak in favour of government amendment (1) on sheet RE380, which is the next item on the running sheet, conjointly.

The amendment that the government is moving is in response to questions that were raised during the Senate inquiry, and it is appropriate that the government respond to those questions. Our amendment will clarify the definition of ‘fishing’ in the Great Barrier Reef Marine Park and Other Legislation Amendment Bill. During the Senate debate and during the inquiry into the bill by the Senate Standing Committee on Environment, Communications and the Arts, concerns were raised about the definition. The committee recommended that the definition be reviewed with the aim of clarification. The proposed amendment to be moved by the government delivers that clarification while preserving the integrity of the regulatory scheme.

As under current legislation, under the amended definition a person can only be considered to be fishing illegally in the Great Barrier Reef Marine Park if in an area closed to fishing if they have taken a fish, attempted to take a fish or are engaged in activities that are clearly a constituent part of taking or attempting to take a fish from an area of the marine park that is closed to fishing. An example is using fishing equipment or a fish aggregating device in zones closed to fishing. It is and will continue to be for the prosecution to prove beyond reasonable doubt that someone has taken or attempted to take fish in an area of the marine park closed to fishing. Senator Joyce’s amendments go to a so-called definition of fishing—