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Wednesday, 8 May 1985
Page: 1822

Mr KERIN (Minister for Primary Industry)(11.43) —in reply-I shall sum up quickly and thank the honourable members who have participated in the debate. The Government rejects the Opposition's foreshadowed amendment to the Fishing Legislation Amendment Bill which proposes that there be a right of appeal against the suspension of a licence on reasonably believing that the holder has committed one of a number of offences specified in sub-clause 10 (a). It would not be proper to make such an amendment. To do so would create a situation in which a person suspected of breaching his licence or a prohibition made for the welfare of the fishery or of obtaining a licence fraudulently would be able to continue to enjoy the benefits of the licence. The Bill provides adequate protection for such a person. If he is not summoned to answer a charge within a month of the suspension, the suspension ceases. If the summons is issued the matter becomes one for the court to decide.

Clause 28 is a drafting amendment which confirms the right of appeal against cancellation of a licence. This right was inserted in 1984 and at that time the Opposition did not oppose the omission of suspension of a licence from the list of appealable decisions.

Question resolved in the affirmative.

Bill read a second time.