Senator STOTT DESPOJA (1:25 PM) —To begin at the point where Senator O'Brien concluded his remarks, this has not been an ideal process. I think Senator Abetz has noted that there is a weakness in the amendment. I acknowledge that this amendment to the Petroleum (Timor Sea Treaty) Bill 2003 is not perfect with respect to the idea that, ideally, you negotiate in good faith and if there are problems you take them to a court—in this case, the ICJ. I am not sure that anyone is suggesting this, but I would like to emphasise that these amendments do not unilaterally amend the treaty. They have obviously been worded in a way that takes into account the concerns that a number of us had earlier, and that is that this might actually seek to amend the treaty per se. What it actually does is the Commonwealth of Australia calling for or saying that they will do something or consider doing something, as opposed to unilaterally amending the treaty.

I acknowledge Senator Abetz's point in relation to when we call for negotiation of the boundaries. One hopes that it would happen in good faith and, if there were a dispute, it would go to a court environment—specifically the ICJ in this case. I think this goes to the heart of how difficult this debate has been in relation to the process, the lack of time and the perfecting of amendments. So, while I acknowledge that there is that weakness, I think the people in this chamber who are concerned about Australia's withdrawal from the ICJ in relation to maritime boundaries will agree that this is the best we have at the moment. Obviously it does not have the support of chamber. I think, under the circumstances, it is hardly surprising that the amendments are slightly imperfect given the nature and the time of this debate. I hope that in future—and not only in relation to this issue—our government not only negotiates in good faith but also remembers that we are not always negotiating as equal powers. There may be a democratically elected government in East Timor, but the country that is resource rich and powerful is Australia. That is why it is even more incumbent upon us to ensure that we deal in a fair and appropriate way.

Question negatived.

Bill agreed to.

Petroleum (Timor Sea Treaty) (Consequential Amendments) Bill 2003 and Passenger Movement Charge (Timor Sea Treaty) Amendment Bill 2003 agreed to.

Bills reported without amendment; report adopted.