Nick McKim (Tasmania, Australian Greens) Share this | Hansard source

by leave—I move Greens amendments (1) to (3) on sheet 2664 together:

(1) Schedule 1, item 5, page 5 (after line 20), after the definition of entrusted person in section 7, insert:

interested person has the meaning given by section 26.

(2) Schedule 1, item 50, page 32 (lines 12 to 15), omit subsection 26(2), substitute:

Authorised person

(2) For the purposes of Part 7 of the Regulatory Powers Act, the following are authorised persons in relation to the provisions mentioned in subsection (1):

(a) the Secretary;

(b) an interested person (other than an unincorporated organisation);

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

(3) Schedule 1, item 50, page 32 (after line 19), insert:

(3A) For the purposes of an application for an injunction relating to conduct or proposed conduct that contravened, or would contravene, a provision mentioned in subsection (1), an individual is an interested person if the individual is an Australian citizen or ordinarily resident in Australia or an external Territory, 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 the promotion of the legal and sustainable timber trade, or research into illegal logging, 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.

(3B) For the purposes of an application for an injunction relating to conduct or proposed conduct that contravened, or would contravene, a provision mentioned in subsection (1), an organisation (whether incorporated or not) is an interested person if it is incorporated (or was otherwise established) in Australia or an external Territory 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 promotion of the legal and sustainable timber trade, or research into illegal logging; and

(ii) the organisation engaged in a series of activities related to the promotion of the legal and sustainable timber trade, or research into illegal logging;

(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 promotion of the legal and sustainable timber trade, or research into illegal logging; and

(ii) the organisation engaged in a series of activities related to the promotion of the legal and sustainable timber trade, or research into illegal logging.

Question negatived.