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Wednesday, 1 September 1999
Page: 8082


Senator TROETH (9:56 AM) —The government will not be supporting this amendment. We believe that it injects an even greater lack of certainty into the process and certainly would not encourage investment in, and commitment to, the industry in the way we would like to see under the proposed legislation.

I also point out to Senator Brown that, with regard to his previous question regarding legal advice on the previous amendment, it is not the fault of the government if he consistently does not hear or misunderstands what I do say when I speak on behalf of the government. Through you, Mr Temporary Chairman Watson, Senator Brown must realise very well that, under his previous amendments Nos 2, 3 and 7, I read out to him the legal advice given to the government, and I will reinforce this now so that there can be no mistake as to the legal advice the government has received. I do ask that Senator Brown listen particularly closely to this. The legal advice provided to the government from the Office of General Counsel on 10 August 1999, is on pages 4 to 5, paragraphs 7(b), 8 and 9. Paragraph 9 states:

There is, in our view, no way consistently with section 99, that the existence of an RFA for a region can be made to depend on the RFA surviving a process of parliamentary approval or disallowance. This is the case whether all, or only some, RFAs are subjected to that process.