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Thursday, 29 November 2012
Page: 10270


Senator SIEWERT (Western AustraliaAustralian Greens Whip) (16:06): I move Greens amendment (2) on sheet 7294, revised 2:

(2) Clause 2, page 2 (table item 4), omit the table item, substitute:

4. Schedule 3

1 October 2014.

However, the provision(s) do not commence at all unless, before that day:

(a) the Minister has published a notice in the Gazette under subsection 12(1) of the Wheat Export Marketing Act 2008 in respect of a code of conduct; and

(b) the code has been declared by regulations under section 51AE of the Competition and Consumer Act 2010 to be a mandatory industry code.

This amendment is essentially about changing what was to be a voluntary industry code to a mandatory industry code, as I articulated in my second reading contribution. There is, I think, very substantial agreement in this chamber that a voluntary code was inadequate. The only way the Greens can support this bill is to ensure that this code is mandatory.

As you will see from the documentation that has been circulated in the chamber, there has been some agreement reached already in the voluntary code, including some of the stocks information and access to that information. The minister has confirmed that that process will be maintained in the mandatory code or in some other vehicle if that proves unworkable—because I understand there are some issues there.

As I understand it, there has been some agreement already reached through the discussions—despite the flawed processes Senator Nash articulated—about access to stocks information. That will be maintained and will be either in the mandatory code or some other vehicle. We encourage the Senate to support this amendment, because I understand there is a fairly strong consensus in the place that such a code should be mandatory.