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Tuesday, 28 February 2012
Page: 1071

Senator BOB BROWN (TasmaniaLeader of the Australian Greens) (17:48): I thank Senator Scullion for that. He has given a very clear example of where federal legislation leads to a citing of territory legislation to ensure there is consistency. But here we have the minister saying, 'Don't have federal legislation citing other federal legislation to deal with consistency'—and I am not going to labour this any further, but the minister has said that it could lead to litigation. When you say you are going to oppose an amendment on the basis that litigation might arise from that amendment, then you ought to be able to say how or where or why. But the minister is failing to do that and that is the whole problem with the defence he has given for opposing this piece of legislation. There is no defence. There is no manifest litigation that will arise from it. It is a commonsense amendment that Senator Ludlam has put in here. It makes the reading of the act, and the process of somebody who is wanting to determine what this act is about, much more consistent and logical. All we are getting from the government and the opposition is that they agree with the amendment but will oppose it, and I cannot see much logic in that.

The TEMPORARY CHAIRMAN ( Senator Fisher ): Then, in that case, the question is that the amendments moved by Senator Ludlam be agreed to. Those in favour—

Senator Ludlam: Chair—

The TEMPORARY CHAIRMAN: Senator Ludlam, before I put the question?