Rachel Siewert (WA, Australian Greens) Share this | Hansard source

I indicate that I will move Australian Greens amendments (40) and (41) on sheet 7676 together. Obviously, I am seeking leave to do so. These amendments relate to injunctions by interested persons.

The CHAIRMAN: Can I take it that you will not be proceeding with all the amendments prior to that on the running sheet?

Most of those relate to matters that we have traversed and on which I have gone down in a screaming heap. I am prioritising the issues for debate in the chamber.

The CHAIRMAN: Leave to move the amendments together is granted.

I move Australian Greens amendments (40 and (41) on sheet 7676 together:

(40) Clause 528, page 519 (after line 14), at the end of subsection (2), add:

  ; (c) an interested person (other than an unincorporated organisation); or

(d) a person acting on behalf of an unincorporated organisation that is an interested person.

(41) Clause 528, page 519 (after line 22), at the end of the clause, add:

Meaning of interested person—individuals

(5) For the purposes of an application for an injunction relating to conduct or proposed conduct, an individual is an interested person if the individual is an Australian citizen or ordinarily resident in Australia, and:

  (a) the individual's interests have been, are, or would be affected by the conduct or proposed conduct; or

  (b) the individual engaged in a series of activities for protection or conservation of, or research into, the environment, or research into biosecurity, at any time in the 2 years immediately before:

     (i) the conduct; or

     (ii) in the case of proposed conduct—making the application for the injunction.

Meaning of interested person—organisations

(6) For the purposes of an application for an injunction relating to conduct or proposed conduct, an organisation (whether incorporated or not) is an interested person if it was incorporated, or otherwise established, in Australia, and one or more of the following conditions are met:

  (a) the organisation's interests have been, are, or would be affected by the conduct or proposed conduct;

  (b) if the application relates to conduct—at any time during the 2 years immediately before the conduct:

     (i) the organisation's objects or purposes included the protection or conservation of, or research into, the environment, or research into biosecurity; and

     (ii) the organisation engaged in a series of activities related to the protection or conservation of, or research into, the environment, or research into biosecurity;

  (c) if the application relates to proposed conduct—at any time during the 2 years immediately before the making of the application:

     (i) the organisation's objects or purposes included the protection or conservation of, or research into, the environment, or research into biosecurity; and

     (ii) the organisation engaged in a series of activities related to the protection or conservation of, or research into, the environment, or research into biosecurity.

These amendments are about injunctions by interested persons and relate to issues around third-party review and injunction rights. They provide third-party rights for review of decisions to seek injunctions to restrain unlawful activity equivalent to those available under the EPBC Act for decisions and activities relating to imports of live specimens. Appeal rights under the Biosecurity Bill are lopsided and provide only for import applicants. Providing appeal rights to people acting in the public interest equivalent to the existing rights under the EPBC Act should improve the quality of decision making and increase accountability. We think it is particularly important that others are able to seek these injunctions and take these actions. As I articulated, we are looking for the equivalent activity that is available under the EPBC Act. Unfortunately, this bill does not provide for that. As I said, the appeal rights are lopsided. We think these are important amendments that deal with very significant issues.

Question negatived.

I move Greens amendment (45) on sheet 7676:

(45) Page 556 (after line 15), at the end of Chapter 10, add:

Part 6—Biosecurity Advisory Council

Division 1—Biosecurity Advisory Council establishment and functions

566A Establishment of Biosecurity Advisory Council

     The Biosecurity Advisory Council is established by this section.

566B Functions of Biosecurity Advisory Council

     The Biosecurity Advisory Council has the following functions:

  (a) to promote a coordinated strategic response to biosecurity issues;

  (b) to promote the shared responsibility in minimising all levels of biosecurity risk;

  (c) to provide a forum for discussing significant biosecurity issues in relation to meeting Australia's ALOP;

  (d) to provide policy advice on biosecurity issues to the Agriculture Minister, the Director of Biosecurity or to State or Territory governments;

  (e) to liaise with the Director of Biosecurity and the Inspector-General of Biosecurity;

  (f) if requested to do so, to provide advice on any matters relating to biosecurity to the Agriculture Minister;

  (g) to engage in public consultation in relation to the performance of any of the above functions;

  (h) any other functions conferred on the Council by this Act or another law of the Commonwealth.

566C Directions by Agriculture Minister

(1) The Agriculture Minister may, by legislative instrument, give directions to the Biosecurity Advisory Council in relation to the performance of its functions.

(2) A direction under subsection (1) must be of a general nature only.

(3) The Biosecurity Advisory Council must comply with a direction under subsection (1).

Division 2—Membership of the Biosecurity Advisory Council

566D Membership of the Biosecurity Advisory Council

     The Biosecurity Advisory Council consists of the following members:

  (a) a Chair;

  (b) 9 other members.

566E Appointment of Biosecurity Advisory Council members

(1) Each member of the Biosecurity Advisory Council is to be appointed by the Agriculture Minister by written instrument.

Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901.

(2) In making appointments, the Agriculture Minister must ensure that he or she is satisfied that:

  (a) each member has a broad understanding of biosecurity issues; and

  (b) the members of the Council have, between them, expertise, skills or knowledge in the following fields:

     (i) livestock-based industries;

     (ii) cultivated plant-based industries;

     (iii) marine-based industries;

     (iv) import transport and port-related industries;

     (v) environmental conservation;

     (vi) marine ecology;

     (vii) terrestrial ecology;

     (viii) risk assessment;

     (ix) economics;

     (x) community engagement; and

  (c) each member is willing to engage with stakeholders relevant to their area of expertise, skill or knowledge.

(3) Before appointing a member of the Biosecurity Advisory Council, the Agriculture Minister must consult:

  (a) if the member is the Chair—the Environment Minister and each State or Territory; and

  (b) otherwise—the Environment Minister.

(4) A member of the Biosecurity Advisory Council may hold office on either a full-time or a part-time basis.

566F Term of appointment for Biosecurity Advisory Council members

     A member of the Biosecurity Advisory holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901.

566G Acting Biosecurity Advisory Council members

Acting Chair

(1) The Agriculture Minister may appoint a person to act as the Chair of the Biosecurity Advisory Council:

  (a) during a vacancy in the office of the Chair of the Biosecurity Advisory Council (whether or not an appointment has previously been made to the office); or

  (b) during any period, or during all periods, when the Chair of the Biosecurity Advisory Council:

     (i) as absent from duty or Australia; or

     (ii) is, for any reason, unable to perform the duties of the office.

Acting member (other than the Chair)

(2) The Agriculture Minister may appoint a person to act as a member of the Biosecurity Advisory Council (other than the Chair of the Biosecurity Advisory Council):

  (a) during a vacancy in the office of a member of the Biosecurity Advisory Council (other than the Chair of the Biosecurity Advisory Council), whether or not an appointment has previously been made to the office; or

  (b) during any period, or during all periods, when a member of the Biosecurity Advisory Council (other than the Chair of the Biosecurity Advisory Council):

     (i) as absent from duty or Australia; or

     (ii) is, for any reason, unable to perform the duties of the office.

Eligibility

(3) A person is not eligible for appointment to act as:

  (a) the Chair of the Biosecurity Advisory Council; or

  (b) a member of the Biosecurity Advisory Council (other than the Chair);

unless the Agriculture Minister is satisfied that the person meets the requirements of subsection 566E(2).

Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901.

Consultation

(4) The Agriculture Minister must consult the Environment Minister before appointing a person to act as a member of the Biosecurity Advisory Council.

566H Remuneration

(1) A member of the Biosecurity Advisory Council is to be paid such remuneration as the Agriculture Minister determines in writing.

(2) A member of the Biosecurity Advisory Council is to be paid such allowances as the Minister determines in writing.

(3) This section has effect subject to the Remuneration Tribunal Act 1973.

(4) Payments under this section are to be funded out of money appropriated by the Parliament for the purposes of this section.

566J Resignation

(1) A member of the Biosecurity Advisory Council may resign his or her appointment by giving the Agriculture Minister a written resignation.

(2) The resignation takes effect on the day that it is received by the Agriculture Minister or, if a later day is specified in the resignation, on that later day.

566K Termination of appointment

     The Agriculture Minister may at any time terminate the appointment of a member of the Biosecurity Advisory Council.

566L Other terms and conditions

     A member of the Biosecurity Advisory Council holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Agriculture Minister.

Division 3—Other matters

566M Persons assisting the Biosecurity Advisory Council

     The Biosecurity Advisory Council may be assisted by persons engaged under the Public Service Act 1999 and made available for the purpose by the Agriculture Secretary.

566N Commonwealth bodies to provide information to assist Biosecurity Advisory Council

(1) The Chair of the Biosecurity Advisory Council may request a Commonwealth body to provide information relevant to the Council's functions.

(2) A Commonwealth body must comply with a request under subsection (1) unless it is not practicable for the body to do so.

(3) Subsection (2) does not apply if providing the information would contravene another law of the Commonwealth.

This amendment relates to the biosecurity advisory council. It is an issue that both industry and environment groups are particularly interested in. We believe that there is a need for greater ability for the government to seek advice from a process that is outside government and that the government should be putting in place a process that enables them to seek advice from those that are outside the system, from people with a range of expertise in biosecurity issues, from an industry perspective, an expert perspective and an environmental perspective. If the government are not prepared to support this amendment, what are they prepared to do?

The functions of the biosecurity advisory council would include: to promote a coordinated strategic response to biosecurity issues; to promote the shared responsibility in minimising all levels of biosecurity risk; to provide a forum for discussing significant biosecurity issues in relation to meeting Australia's ALOP; to provide policy advice on biosecurity issues to the minister for agriculture and the states and territories; to liaise with the Inspector-General of Biosecurity, which the government has now very significantly put in place; if requested to do so, to provide advice on matters of biosecurity to the minister for agriculture; to engage in public consultation; and any other functions conferred on the council by this act and another law of the Commonwealth.

We think this is a particularly important function. As I said, if the government are not prepared to support this amendment, I would ask them what arrangements they are prepared to put in place that extend the ability for input from such a body of experts in industry, environmental protection or academia and other areas of expertise needed to address biosecurity issues.