Nigel Scullion (NT, Country Liberal Party, Deputy Leader of the Nationals) Share this | Hansard source

Thank you for that. That was a bit of a surprise: I thought there was something that I had not caught in there. I know, for example, that there is an outlet that is not incorporated. I know that; right now, one of the target outlets is not incorporated. I have sought advice about sliding from an incorporated body into some other body. It is not hard, particularly when we know that these people have been avoiding our best efforts.

But thank you for clarifying that. There is obviously now a large hole that you can drive a large fuel truck through. But in any event that is a function of having to rush things through. The Commonwealth put a whole range of things in section 51, and control of retail fuel is not amongst them. It is something that should be in the bailiwick of the states and the territories.

I wonder if I could just take you to part 3, section 16, Minister? It is on page 14 of the bill. I know you are taking advice perhaps on that other matter, and I am more than happy for you to provide that advice in one hit. It is actually in the area that talks about designating a fuel area, whether it is the wellbeing of the people living in the area or whether it is a reason for the health of the people living in the area, every single part of that is designated by living in an area.

I will give an example of providing a fuel area around my old mate's place—one of my favourite people—at Tilmouth Well. They have, through their continuing sale of regular unleaded petrol, caused damage in Balgo. Most of that information I have in fact received from Senator Siewert, and certainly confirmation of those matters. If we are going to put something in a designated place it will affect the wellbeing of people living in an area—Aboriginal people do not live at Tilmouth Well. It is just a service station. It primarily employs white people, or non-Aboriginal and Torres Strait islander people. There are a lot backpackers, but that is it. Most of the people who go through are tourists, but people know that any cars that go through Balgo have been to Tilmouth Well. So, when you get into Balgo, they know the car had to fuel up there, so they will knock some fuel off. Hence, there is the trouble.

When you are designating an area, you are talking about the wellbeing of people living in an area. I cannot understand the wellbeing of people living in the area of Tilmouth Well. It is certainly not threatened. The backpackers go and have a beer at night, slob around and do backpacker stuff, put fuel in cars and go away. Aboriginal people do not live there, so how are you going to use the race power to designate an area—and I am quite seriously miffed by this—for the wellbeing of people living in that area? In my view it is not going to capture what you want to do, because the people who are at risk of harm are living not only in another area but in another state, as opposed to the Territory. If you can give me a little relief on that, Parliamentary Secretary, that would be great.