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Tuesday, 13 March 2012
Page: 1480

Senator LUDLAM (Western Australia) (12:46): The Greens oppose clauses 10(7) and 18(5) in the following terms:

(13)    Clause 10, page 13 (lines 23 to 29), subclause (7) TO BE OPPOSED.

(23)    Clause 18, page 20 (lines 3 to 7), subclause (5) TO BE OPPOSED.

These amendments go to precisely what I have spoken of already at a deal of length and complete the process of removing limitations on procedural fairness.

Again, we have attempted in good faith to improve on the fact that this bill vests total discretion with the minister and sets up the fiction that judicial review and procedural fairness now apply. I do not think the government should be allowed to get away with that fiction. Quite clearly there are gaping holes in the ability of people who are concerned—not necessarily just in the instance of the Muckaty bill but as sites are volunteered down the track. They will have been told by the minister that procedural fairness applies. They will realise when they read the legislation that it is simply there in name only. I commend these two amendments to the chamber.