Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download Current HansardDownload Current Hansard   

Previous Fragment    Next Fragment
Wednesday, 25 February 1987
Page: 582


Senator MACKLIN(11.42) —I thank the Minister. I take the Minister's point about clause 44 (2) (b), but it seems to me that the question of desirability is raised in that clause. Why is it drafted so that the advice has to be given at the request of the Minister? If what the Minister is saying is correct, can he indicate whether or not, when we get to clause 44, the Government would be willing to delete the phrase `at the request of the Minister' so that there will be no ambiguity in this regard? I accept the Minister's point about the administration, but I would have thought that, having specifically written into the legislation a clause dealing with desirability, that would be seen, at least if this matter ended up in court, to be the overriding power on this matter and would rule out the ability of the Committee, of its own volition, to go to the Minister on a matter which may be defined as administration but which also dealt with the desirability under the legislation of putting a species under plant variety rights.