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Friday, 3 April 1987
Page: 1839

Senator GARETH EVANS (Minister for Resources and Energy)(12.17) —I do not want to prolong this discussion either but, to supplement the point I made earlier, I have now been advised of some of the precedents for this type of enforcement clause. I think it would be helpful to mention them. Similar provision was included in the Trade Practices Amendment Act (No. 2) 1977. More recent examples with very similar wording to 17 (3) in particular are found in the Aboriginal and Torres Strait Islander Heritage (Interim Protection) Act 1984, the Petroleum Retail Marketing Sites Amendment Act and the Petroleum Retailing Marketing Franchise Amendment Act, both of 1984, and the Futures Industry Act 1986, most of which, as I recall it, were not challenged by the Opposition-certainly not on this type of clause.

Senator Newman —Before my time.

Senator GARETH EVANS —Thank God they were, with the utmost respect.

Senator Harradine —What Senator Evans has said does not go to my point.

Senator GARETH EVANS —No. We are destined to differ on that, I am afraid.

Amendment negatived.

Clause agreed to.

Clause 18 (Consents given under section 16).