Mr GAVAN O'CONNOR (10:25 AM) —I agree with the sentiments that have been expressed to debate these bills together. The Fisheries Legislation Amendment (Compliance and Deterrence Measures and Other Matters) Bill 2003 is a bill that the opposition will support. It proposes to amend the Fisheries Administration Act 1991 and the Fisheries Management Act 1991 to put in place a more effective deterrence and compliance regime, particularly in relation to illegal, unreported and unregulated fishing. It also proposes to improve the operational efficiency of the Australian Fisheries Management Authority—AFMA—and to promote the ecologically sustainable management of Commonwealth fisheries.

The bill proposes a strengthening of the existing regime for policing foreign boats in Australian waters by allowing the Commonwealth to recover the cost of pursuing boats fishing illegally and to increase the penalties for such activity. The bill also promotes amendments to the AFMA management regime including: creating a national register for fishing permits, giving AFMA direct control over closure and partial closure of fisheries, and relaxing the requirement of Commonwealth officers to identify themselves when making orders to vessels, with the qualification that identification must be produced at the first available opportunity. It also allows AFMA to waive levies for fishing permits that are surrendered before they are used and provides for remuneration and allowances to be paid to members of AFMA's management advisory committees.

As I stated, Labor will support this bill. We have been concerned for some time about the government's failure to respond to illegal fishing in the Southern Ocean. This region is extremely valuable, both in a commercial and in an environmental sense. While the minister seems to have made some progress in getting some arrangements in place to limit illegal fishing in the area, the same cannot be said for the previous ministers Tuckey and Truss. Under the Howard government this fishery has largely been left to the illegal fishers to exploit, while the government has imposed very tough—and appropriate, I might add—controls on those Australian operators in the region. So we have a tough regime on Australian operators and we let the international pirates in this fishing zone roam free.

This management regime for the Heard and McDonald Islands fishery is now one of the most sophisticated in the world. You may have a sophisticated management plan but it is worth nothing if illegal fishing is not controlled. There is no doubt that there has been a considerable amount of fish stocks taken from this area in recent years and that the government has largely failed to address the issue. These amendments are a step in the right direction and that is the reason we support them. We also support the amendments to the AFMA regime. The government has advised that these amendments have been prepared in consultation with the industry and have been supported by the AFMA board. Let me say to the government that that process of consultation is extremely important in these matters, not only with AFMA but with the industry, and we are pleased to see that that consultation has taken place.

The Australian fishing industry is an enormous generator of wealth for this country, and I will have a little more to say about that. If it is managed properly it can be an enormous generator of wealth for the national economy and for regional economies—and I note the presence in the Main Committee today of the honourable member for Corangamite, whose electorate spans a significant section of the Victorian coastline. The fishing industry is of course very important to the economic development of Geelong and the surf coast region. Labor sees this generation of wealth as the key policy objective and will continue to work with the industry to develop ways of achieving that goal.

The second bill being debated in this committee is the Fisheries Legislation Amendment (High Seas Fishing Activities and Other Matters) Bill 2004. This is the second bill being presented which relates to Australia's fishing industry. The purpose of this bill is to amend the Fisheries Administration Act 1991 and the Fisheries Management Act 1991. This bill has two parts. The first part is to ensure compliance with the United Nations Food and Agriculture Organisation's Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas in preparation for Australia's acceptance of that agreement. This agreement was approved by the FAO in November 1993 but only came into effect in April last year. The government has advised that Australia has not yet accepted the compliance agreements because its laws do not at this point in time comply with the agreement's requirements. The government has indicated to us and to the parliament that it will accept the agreement once this bill has been passed through this chamber and by the parliament. The compliance agreement was created in response to concerns about the depletion of fish stocks in the high seas as a result of increasing illegal, unreported and unregulated fishing. The Joint Standing Committee on Treaties has recommended that Australia should participate in this agreement.

The second part of the bill makes amendments to the Fisheries Management Act that are intended to improve the efficiency and effectiveness of AFMA itself. The most significant amendment is an increase in the power of AFMA and other agencies, including the Australian Federal Police, Defence and Customs, to intercept, detain, board and search vehicles and aircraft without the consent of the owner or a warrant. Currently, these powers can only be exercised with the consent of the owner or operator or with a warrant. The government argues that this additional power is necessary because there is not always sufficient time to get a warrant if the suspicion has foundation and, of course, if consent is not forthcoming. Other amendments include changes to the management of logbooks relating to the use of a fishery, and charter boats are to be classified as recreational vehicles rather than as a commercial activity. There are also amendments contained here that will not require regulations to be made every time there is a change to the Treaty on Fisheries between the Governments of Certain Pacific Islands and the Government of the United States of America.

Labor also are prepared to support these amendments. However, we do note the significant increase in power extended to officers to stop, detain and search boats without warrant or consent. We notice in this current political climate that the government has, not only in this piece of legislation but also in other areas of its legislative program, sought to expand the powers of Commonwealth officers and others in these matters, and I think a note of caution should be made here—governments of any political persuasion ought not be expanding these powers without full consideration of the import of that extension.

I note that such actions can be taken if there are reasonable grounds to believe there may be something in the vehicle or aircraft that may be evidence of an offence and if a warrant simply cannot be obtained in a timely manner. In the practical policing in this area we believe this amendment is an appropriate one. The Senate Standing Committee for the Scrutiny of Bills considered the issue of extending powers in this way back in 2000. The committee concluded that such an exemption from the general principle that consent or a warrant should be required could be justified on the grounds that it was impracticable to obtain that warrant, and on that basis we are prepared, after consideration, to support this amendment.

I am required in the other chamber to speak on another matter but I will make some further comments. The fishing industry continues to be a major generator of wealth in this country. We produced $2.3 billion worth of seafood in 2002-03 but the value of our exports did fall by 12 per cent. The value of the dollar and the impact of SARS in Asia appear to be two factors that have influenced that outcome.

I note in the chamber today the honourable member for Corangamite, who has joined us in the debate on fisheries. I must say there is something fishy when the honourable member for Corangamite, a squatter from the Western District, turns up to a debate on fisheries. He would not know a piece of flake from a fish patty. That is the truth of the matter. But it is good to see that he has taken an interest in the fishing industry, because it is an important one to the Geelong region and to Surf Coast Shire. The member for Corangamite is a veteran athlete of some note and we all in this House have a genuine admiration for his achievements. It looks as though he has turned his back on beef and mutton and he is coming over to fish. We know what is prompting the changes in his latent interest in the fishing industry. Be that as it may, we do welcome the honourable member for Corangamite into this very important debate. We will be supporting these two pieces of legislation.