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GREAT BARRIER REEF MARINE PARK AND OTHER LEGISLATION AMENDMENT BILL 2008

Order of the day read for the further consideration of the bill in committee of the whole.

In the committee

Consideration resumed of the bill, as amended—and of the amendments moved by the Leader of The Nationals in the Senate (Senator Joyce) (see entry no. 4).

Question—That the amendments be agreed to—put and negatived.

On the motion of the Parliamentary Secretary to the Minister for Health and Ageing (Senator McLucas) the following amendment was debated and agreed to:

 Schedule 6, item 9, page 114 (line 23) to page 115 (line 4), omit the item, substitute:

 9 Subsection 3(1)

  Insert:

   fishing means any of the following:


 (a) taking fish;

 (b) attempting to take fish;

 (c) engaging in any activity (including searching for fish, using fishing apparatus and using fish aggregating devices) in connection with taking, or attempting to take, fish.

On the motion of Senator McLucas the following amendments, taken together by leave, were debated and agreed to:

 Schedule 6, page 115 (after line 4), after item 9, insert:

 9A Subsection 3(1)

  Insert:

   geological storage operations means:

 (a) operations to inject and store a gas substance in part of a geological formation; or

 (b) operations preparing for or incidental to operations mentioned in paragraph (a).

 Schedule 6, item 24, page 117 (line 28), omit "or drilling", substitute "or geological storage operations".

 Schedule 6, item 24, page 118 (line 1), after "operations", insert "or geological storage operations".

 Schedule 6, item 24, page 118 (line 27), omit "or drilling", substitute "or geological storage operations".

 Schedule 6, item 24, page 118 (line 29), after "operations", insert "or geological storage operations".

On the motion of Senator Macdonald, also on behalf of Senator Boswell, the following amendment was debated and agreed to:

 Schedule 6, item 24, page 126 (after line 13), after Division 3, insert:

  

Division 3A—Convictions under former section 38CA

 

38CC Convictions under former section 38CA

  (1) Despite any other Commonwealth law or any State law or Territory law, if a person was convicted for an offence under section 38CA of the Great Barrier Reef Marine Park Act 1975:

 (a) that occurred during the period 1 July 2004 to 14 December 2006; and

 (b) that did not attract a monetary penalty exceeding $5,000;

   that conviction is for all purposes to be treated as a spent conviction under Part VIIC of the Crimes Act 1914.

  (2) For the avoidance of doubt, a conviction referred to in subsection (1) is to be treated as a spent conviction whether or not the waiting period for the offence under Part VIIC of the Crimes Act 1914 has ended.

  (3) Despite Division 3 of Part VIIC of the Crimes Act 1914, the exclusions provided by Division 6 of Part VIIC of the Crimes Act 1914 do not apply in relation to a conviction referred to in subsection (1).

Bill, as amended, agreed to.

Bill to be reported with amendments.


The Acting Deputy President (Senator Troeth) resumed the chair and the Temporary Chair of Committees reported accordingly.

On the motion of Senator McLucas the report from the committee was adopted.

Senator McLucas moved—That this bill be now read a third time.

Debate ensued.

Question put and passed.

Bill read a third time.