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Thursday, 21 June 2007
Page: 127


Senator O’BRIEN (4:17 PM) —I move amendment (13) on sheet 5307:

(13)  Schedule 5, page 29 (after line 9), after item 57, insert:

57A After subsection 62(2)

Insert:

      (2A)    If the Minister gives a notice in accordance with subsection (1), the Minister must provide a written statement of particulars and reasons specifying the ground or grounds on which the notice was given.

       (2B)    A copy of the notice in accordance with subsection (1) and the written statement of particulars and reasons in accordance with subsection (2A) must be supplied to:

              (a)    the Chairperson of the Commission; and

              (b)    the person who made the application to export wheat under section 57.

       (2C)    The Minister must cause a copy of a notice given in accordance with subsection (1) and a written statement of particulars and reasons in accordance with subsection (2A) to be tabled in each House of the Parliament within 5 sitting days of that House after the notice is given.

Section 60(1) of the act provides that the regulator cannot provide a permission to export wheat unless the minister has agreed in writing to do so. This amendment is identical in effect to amendment (14).


Senator Abetz —Is there a (14)?


Senator O’BRIEN —No, there is not. I withdraw that. This amendment is necessary to require the minister to actually make a decision on an application and not simply sit on an application. It is necessary to ensure that there is no game playing in this process. This amendment is required to ensure that, being given the power, the minister will exercise it in a way that is transparent and will provide a copy of the decision and the particulars to the parliament, particularly where he decides to refuse to consent.

Question negatived.