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Thursday, 30 June 1994
Page: 2522


Senator COULTER (8.37 p.m.) —It seems to me we are getting a succession of pieces of legislation through this parliament which may be, in some respects—and I believe in this respect—quite irrational. Yet we are told that we have to pass them without amendment because there is some international agreement or because there is an agreement between this government and state governments. That is simply not good enough. That is not a sufficient excuse. We have the responsibility for passing appropriate legislation in this place. If there is an inconsistency, we should not simply be put off because UPOV has agreed that these are the sorts of words that should be used. I believe there is an inconsistency there. I cannot understand how the government cannot see there is an inconsistency between these two clauses.

  I hope that should this be challenged, one person will not find himself in court arguing for clause 11 and the other one arguing for clause 16 and there being one very expensive bunfight over it without any satisfactory resolution. It seems to me a matter of plain logic that there is an inconsistency between these two clauses. One allows people to do something and the other clause says that one cannot do it.

  Amendments negatived.