Ian Macdonald (Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern Australia) Share this | Link to this | Hansard source

I, and also on behalf of Senator Boswell and Senator Fielding, move:

That the Senate calls on the Government to fix by Proclamation, a day, not later than 31 July 2009, on which the provisions inserted into the Great Barrier Reef Marine Park Act 1975 which treat as spent, certain convictions relating to offences against former section 38C of that Act which were passed through the Senate on 11 November 2008 and adopted unanimously by the House of Representatives on 12 November 2008, commence.

Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Link to this | Hansard source

by leave—The government does not support this motion. It was the opposition’s decision to insert their amendment into a section of the act that does not commence until November 2009. This timing was clearly outlined in the explanatory memorandum that accompanied the bill at the time that it was being debated, so the opposition was aware of the likely time frame. The government is on track to complete the necessary work required to commence operation of this section of the act in November. Commencing this section of the act prior to the necessary work being completed would result in a legally ineffective environmental impact assessment, enforcement and offences regime and could create confusion and imposts for marine park users. It is not legally possible to commence the specific amendments separately to schedules 4 and 6. For those reasons, we do not support the motion.

Ian Macdonald (Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern Australia) Share this | Link to this | Hansard source

by leave—There is absolutely no legal reason why the government cannot proclaim that particular section of the act without proclaiming the other parts of the act that Senator Ludwig referred to. It was the intention of the Senate, when the motion was originally passed, that those spent conviction provisions take effect immediately. By a curiosity in the act, what Senator Ludwig says is correct, but it does not in any way stop the government from today proclaiming that particular provision and so bringing into effect the will of the Senate and the interests of those who have been wronged by this particular provision. I am not here to debate this, of course, and I cannot urge people to vote for the motion, but I simply say that the government’s reason for opposing the motion is not precise.

Kerry O'Brien (Tasmania, Australian Labor Party) Share this | Link to this | Hansard source

by leave—The government will not call a division on this matter. We recognise that, whilst the Greens would support the government, both Senator Xenophon and Senator Fielding are supporting the opposition. That would give the motion a bare majority. We recognise that and therefore will not call a division.

Question agreed to.