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Friday, 3 April 1987
Page: 1839


Senator HARRADINE(12.16) —I do not want to prolong our consideration of this clause, but it is an example of the very thing that I mentioned previously in that, in my view, there are no grounds founded in the external affairs power of the Constitution which would enable the Government to enforce what is contained in clause 16 by reference to any supposed obligations it might have under the Constitution by reason of the fact that it is asserting that there is a protected area which has not been delineated as part of our natural heritage. It follows, therefore, that the enforcement and injunctive provisions contained in clause 17 are seriously open to challenge. I do not want to prolong this discussion. There is a difference of interpretation one way or the other. The matter might have to be determined somewhere else and not here.