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(generated from captions) latest from Flemington.

This program is live captioned by Red Bee Media. Today: A Victorian man dies after the third shark attack in Queensland's Whitsundays in two months.CPR was ongoing for a very long time and every solid effort was made to try to save that man's life.

Foreign Minister Marise Payne set to visit Beijing off the back of a Government trade mission to Shanghai. US President Donald Trump on a 3-state blitz in the final hours of the mid-term election campaign. And crowds flock to Flemington despite the wet weather for the Melbourne Cup. Welcome to ABC news. I'm Kathryn Robinson. First to breaking news and Federal Court justice Michael Wigney has ruled the Daily Telegraph will not be allowed to include the new evidence of Witness X in the Geoffrey Rush defamation trial. While acknowledging the allegations raised by Witness X may have supported parts of the newspaper's case if they were allowed, he said the lateness of the application to include Witness X - the delay caused by making the amendment to the case, the newspaper's conduct during the litigation and the prejudice to Mr Rush outweighs everything else. Closing arguments will commence tomorrow. We'll get more from our reporter who is at the courts shortly. A Victorian man has died after a shark attack in North Queensland. It happened at Cid Harbour - the same spot where two tourists were attacked in September. Our reporter has more from Airlie Beach. What we know is that the 33-year-old Victorian man, who has become the third shark attack victim here in the Whitsundays in the matter of a couple of weeks, was on a sailing holiday when the attack took place. Police confired earlier this morning that a man and another woman on board the same vessel were taking turns paddle boarding and swimming at Cid Harbour when the man was mauled by a shark to his thigh, wrist and calf. Police said the group he was with were all of medical background, including two doctors on board the vessel, who were able to administer immediate first aid the moment he was retrieved from the water. Inspector Steve O'Connell spoke to media earlier this morning and said those on board did everything in their power to try to save this man's life.A very horrible situation for those men to deal with. But I know between the people on board and the QAS officers and the paramedic and the sea rescue people and the doctors, that they did everything imaginable to try to save the man. And it's just... The injuries were so severe.Police also confirmed this morning that a combination of Whitsunday water police, Queensland Marine Safety and Queensland Fisheries are out patrolling the water at Cid Harbour as we speak telling people not to go in the water. Queensland Fisheries hasn't said at this stage whether they'll drop new drum lines in the area, but we expect another update on that later today. The message from authorities at the moment is simply for people to stay out of the water at Cid Harbour.So, this is the third shark attack, as you mentioned, in a short period of time. What is the feeling in the community where you are?At the moment, the feeling in the community is devastation, outrage. People have been accepting their condolences to the family and friends of this man who were only notified this morning of the terrible attack. But locals here have actually said that they're questioning why these people who are hiring boats aren't being told not to go swimming in this area at Cid Harbour. It's apparently common knowledge that it's not a spot where you'd go swimming. It's a mud bottom area and a perfect breeding ground for sharks. They're questioning now why people who are hiring the boats out to the tourists aren't informing them of what happened, or better yet, why better signage isn't in the area to tell people simply not to go in the water and not to go in the water at the dangerous feeding times.Thank you. The Foreign Minister Marise Payne is set to travel to Beijing tomorrow for a 2-day trip. It's the first visit of an Australian Foreign Minister to the country in nearly three years, and the Prime Minister is optimistic that the trip will help to defuse tensions. Our correspondent has more from Canberra.The Prime Minister earlier today said that this was a positive development in relations between the two countries, and we've seen things have been pretty cool over the past year in particular between China and Australia since public debate, or political debate over legislation to try to stop foreign interference in Australian politics. During that debate, China was raised quite a bit and Beijing didn't respond particularly well. And following that, we saw what looked like an informal ban on Australian ministers travelling to China. Julie Bishop, when she was Foreign Minister, certainly struggled to organise a meeting for 2018 on Chinese soil. But Marise Payne as Foreign Minister is a fresh face. She did manage to meet with her counterpart, Wang Yi, on the sidelines of a United Nations event not that long ago so, she's hoping that she can follow on from that conversation in this more formal setting. Scott Morrison this morning has said that he's also very optimistic about the future here. We're getting on with business with China. That's what our Government is doing. And that means that business is important for Australia's future. It's creating the jobs. It's creating the success for our economy, which means we can pay for hospitals and schools and roads and all of the essentials that Australians rely on. Medicare, affordable medicines. We're getting on with business with China. That's what our Government is doing and we're doing it in a constructive way.So, what is likely to be on the agenda for the Foreign Minister when she meets with her Chinese counterpart?Broadly, Marise Payne wants to shore up the relationship, because as she pointed out this morning, it is strategically important for stability in the region. But she's also said that given the Chinese trade expo is on, there could be opportunities for business, for tourism, for universities off the back of this visit as well. But there are going to be a couple of challenging topics that come up too. For example, she said that she will raise human rights concerns about the construction of internment camps for a Muslim minority group in the Jingzhou region. It will be difficult but she said she'll do it in an appropriate way. And we heard from Scott Morrison that he was frustrated with the Victorian Government for signing a memorandum of understanding with Beijing over the One Belt, One Road trade initiative without consulting with the Commonwealth, and that that hadn't been helpful. They're trying to create a warmer relationship, but along
there could be a couple of hurdles along the way.We'll wait and see. Many thanks. It's the race that stops the nation and the wet weather has caused plenty of travel disruption ahead of the running the Melbourne Cup this afternoon. Reporter an Stitt has more. -- Nathan Stitt has more.It's been support with heavy downpours. But I guess the frustrating thing for race goers and punters is where we were trying to catch the train to Flemington, but passengers are being let off a station early. We're hearing it's because the Flemington station, or platform one, is currently flooded. And they're also experiencing power outages at the moment. So trains are not going to Flemington Station. If you are planning to catch the train, you'll be let off a little early. We're speaking to people at the moment and they're being told that they either have to walk the 20 minutes to Flemington and the Melbourne Cup, or try to get a cab or an Uber. A lot of punters that we've spoken to expressing their frustration. Some are simply going home. We've had individuals that we've seen, including one here at the station that I'm at in a wheelchair. We've seen other people in crutches that are having to contend with this unexpected thing that has occurred this afternoon. But obviously, as you can understand, quite a lot of frustration from people today.And is it just the trains that are affected? Are roads flooding as well?It's difficult to say. I have been able to see on Twitter and social media that there are a number of smaller roads around the area that do seem to be slightly flooded. We've been at the train station today and catching the train, so I guess in terms of catching the train, and that is how many of the people that are choosing to go to the Melbourne Cup today are choosing to go. They're having to find out in real time. The communication on the train wasn't great. People all of a sudden were getting off the station looking confused and asking staff here what's going on, and it was when they were actually getting off the train that they were actually informed that we can't take you to Flemington and that you'll have to make your own way from here. It's How are you feeling?Wet.Will you soldier on?We'll soldier on, of course.We'll have a good day. We'll have a great day.We have an umbrella, we're laughing.I'm not walking in these heels for 25 minutes in the rain! So people are taking in their stride but not the day to be walking 20 minutes in your heels. Any delays to the race because of the weather? Absolutely not. We're close enough to the race track that we can actually hear some of the calling. I know the first race was to begin at 10:50. I'm not sure if it actually jumped on time, but the racing is certainly under way. So a lot of people that were very keen to watch a lot of the racing, that's what they're going to the Cup for, are Is out.Any idea -- are missing out. Any idea when the Flemington platform at the train station will be reopened?I've been speaking to staff here and the information that they're getting at the moment is just that it is flooded and that trains won't be continuing. So I guess for the next indefinite period, we're not really sure how long it is going to take to fix that problem. We're told that they're pumping the water out, but as I mentioned earlier, the problem is that they're also dealing with power outages. So once they've pumped the water out, they'll have to get the power back on. So I guess the advice to people coming to the Melbourne Cup for the moment, just be aware that the train will not take you to the Melbourne Cup. You'll have to make your own way from the Showground which is about a 10-15 minute walk so, it might be best to make alternative arrangements if that is possible.Or pack your sneakers! Many thank. Police are searching for a man who assaulted two women in Ashfield in Sydney's Inner West last night. Our reporter Amy Greenbank has more. Police say the attacks took place in the space of ten minutes. The victims less than 100 metres apart. In both cases, the women were grabbed from behind. The offender placing one hand around their mouth and the other on their neck. New mother Wendy was putting out her garbage bins when she was assaulted. I was actually facing this way and he was strangling me and all of that. And I started yelling and fought back. He threw me on the ground all the way to the other side of the street.She screamed and broke free ran. But not before leaving physical and psychological wounds. Her neighbours were horrified to hear what happened. What sort of person would do this? I actually can't fathom it. It's not a real person. Animal. Maybe. Someone who obviously has some things seriously wrong with them.This was not anything that my lovely neighbour brought upon herself. She was putting her garbage bins out. Earlier, another woman was attacked in nearby Norton Street. The man was wearing a long sleeved black shirt and beige shorts. Police would like to speak to anyone who matches that description who was loitering in the area. Polls are set to open in the US mid-term elections, widely seen as a referendum on the presidency of Donald Trump. The mid-terms usually go against the sitting president and Mr Trump is likely to lose control of the House to the Democrats. But the polls remain close and the major parties are still fighting for victory on the last day of campaigning. Washington correspondent Zoe Daniel reports. A final cut through a divided nation.There is something going on. There's an electricity like people have not seen sans date -- - since a date, November 2016.Donald Trump hit four states over the weekend. Today, another three. Using the hot button issue of immigration to get his supporters out to vote.But the Democrats want to abolish us. They want America to be a giant sanctuary city for drug dealer, predators and bloodthirsty MS13 killers. Republicans believe America should be a sanctuary for law-abiding Americans, not criminal aliens. (CHEERING) Former president Barack Obama dropped off doughnuts to democratic volunteers in Virginia. He's lost his voice from campaigning. But while some polls show Democrats with an almost certain chance of taking the House, after 2016, no-one is easing off.How we conduct ourselves in public life is on the ballot. How we treat other people is on the ballot.Democrats have folk youed their campaign on health amid a remarkable nationwide rebound in support for Obamacare. As voters grapple with the competing rhetoric, dozens of districts are within the margin of error.The House is going to be what everyone is looking for to flip, because that will also entail what President Trump can do, with legislation and whether he'll continue to work with Republican leaders or try to find compromise with Democrat leaders.You can stop the radical resistance in its tracks.Moderate Republicans are urged the president to tone down the rhetoric and focus on the economy, especially after this campaign ad was pulled by TV networks, including Fox, because it was seen as racist. But toning things down is not Donald Trump's way. The polls are now just hours away from opening. First results will start coming in on Wednesday morning in Australia. The Trump Administration has warned that the Iranian economy will collapse unless the Government in Tehran changes its policies. The United States has reimposed economic sanctions after persistent claims from Donald Trump that Iran has violated an agreement to limit its nuclear program and is destabilising the entire region. The UK has criticised the US's decision and says it will continue trading with Iran. Across Iran today, they tested their air defences. An annual display of military prowess that just happened to coincide with the moment American sanctions came back into force. TRANSLATION: We are in a situation of economic war confronting a bullying power. We will proudly bypass your illegal and unjust sanctions.In Tehran, protesters have burned the American flag in the familiar ritual. But the sanctions on Iran's oil, banks and shipping, are expected to bite, making it harder for people to buy food, fuel and medicines in a country already suffering economic hardship. These sanctions had been lifted in a groundbreaking deal four years ago when Iran agreed to limit its nuclear program in return for more trade with the West. But Donald Trump claims Iran hasn't kept its word. He calls it the largest state sponsor of terrorism, using the money it's raised through trade to destabilise the region by, for example, supporting Hezbollah militias in Syria and Houthi rebels in Yemen. Acting in ways that threaten American allies. For a few months, Iran will be able to keep selling some of its oil to a few countries, including China and India, to avoid destabilising the market. But the US is clear about what it wants.The Islamic Republic of Iran is the destabilising force in the Middle East today. The Iranian regime has a choice. It can either do a 180 degree turn from its outlaw course of action and act like a normal country, or can see its economy crumble.The question is how many the sanctions will also hit British and European businesses. Firms like Rolls-Royce and Airbus, who have worked closely with Iran in the past. Some financial firms could also be hit. The EU does have a plan to try to help companies avoid the sanctions. But many have already pulled out for fear of losing their trade with the US.The British Government is disappointed with the actions taken by the United States, although it's no surprise. The action we are taking is to maintain a position within an agreement which the Iranians are sticking to, and which we believe we should stick to as well. We don't disagree with concerns that the United States has about Iranian behaviour. We just think that there's a different way to go about it.So there are deep divisions between Europe and the United States over this whole approach to Iran. And the fear amongst some diplomats is that in the face of all of these sanction, Iran, instead of improving its behaviour, simply hunkers down and perhaps even steps up its nuclear program. The one thing that is clear is that life for people in Iran is about to get harder. Dozens of school children and three staff have been kidnapped from a school in Cameroon. Armed separatists forced their way into the school near the regional capital, Bamenda, abducting 79 children. They were aged between 11 and 17 years old. The nappers have vowed to hold their captives until their goal of creating a breakaway anglophone state is achieved. Hundreds of people have been killed in the majority French-speaking nation in the past year since separatists in the English-speaking north-west and south-west launch add rebellion. Indonesian transport authorities say that the Lion Air jetliner which crashed near Jakarta last week had a faulty air speed indicator during the last four flights. The fault has been revealed by the plane's flight data recorder which contains information from the days leading up to the crash that killed 189 people. The plane's cockpit voice recorder has not yet been found. Indonesia's National Transport Authority says the speed of the impact indicates it might be possible to find -- it might be impossible to find the black box. Now for the sports news, here's Shannon Byrne as the countdown to the Melbourne Cup continues.Wet weather is the talking point overnight and this morning. Yes, race 2 and 3 have been pushed back after jockeys struggled to see in the first race. News still coming through that it won't affect the 3:00pm local time of Melbourne for the Melbourne Cup. The 158th running of the Melbourne Cup. At this stage, it won't affect that time. But yes, it will probably affect the odds in terms of the track considerably chopped up after a couple of races and we have to wait until race 7, the $4 Melbourne Cup. English stayer Magic Circle is now second favourite behind Yucatan. But what a great story every single story has. But I know if the owner of Magic Circle wins, we will be seeing that he pres and promises that he'll be running around in a pink G-string. But more importantly for Yucatan, Aidan O'Brien has three horses and the Irishman, he was second last year to his son in Rekindling, if you remember that great moment. So now he's trying to go one better. He has the favour but I think that the weather will still be keeping a close eye throughout the afternoon as to what happens up until 3:00pm, because that will significantly change. You know, some of the horses haven't actually run the distance of 3,200 metres, which is what the Melbourne Cup is. So yes, I think that there is some interesting things still to play out with what happens with the weather and we'll have to wait and see what happens with the thunderstorm expected this afternoon. The Melbourne Cup, 24 horses. No-one has been scratched at this stage, but yes, that's the beauty of the Melbourne Cup. It always throws a surprise in somewhere.Chaos on and off the track. Obviously the trains and platforms have been shut at Flemington and there's chaos on the roads as well. So obviously they need to keep safety front and foremost, and if the jockey visibility is an issue, that they'll obviously be looking to keep that. Absolutely.Jockey and horse will be paramount as to what they decide and still running it at 3:00pm. Moving to basketball and Melbourne United upset Andrew Bogut's home coming? Andrew Bogut, a man who has played 752 NBA games and coming back to Australia. He signed with the Sydney kings, but they did spoil his return last night in Melbourne. It was a full house sign outside. No Chris Goulding, but that didn't matter for the Melbourne United defending champions. And they really opened up in the first quarter is when they did the damage. They had a better 6-point first opening term and in the end, they only won by seven points, so it was a close encounter for three-quarters. In the end, it was Melbourne United 77 defeating the Sydney Kings 70. DJ Kennedy top scored for United with 24 points and ten rebounds. And for Andrew Bogut, he had eight points and 15 rebounds. Before we let you go, some bad news for a young Socceroo playing overseas?Yeah, it's just been confirmed by himself, Daniel Azani, who only signed with Celtic in August, in the middle of August. He went on to the pitch for his debut five days ago. He lasted 20 minutes in his cameo, and unfortunately, he has confirmed today that he has done an ACL injury and it will require surgery. So that is anything from 9-12 months out of the game. Huge blow for the young Socceroo. Really looking towards him being a vital part of January's Asian Cup after being the youngest player at the World Cup. It was a terrific debut for him at the World Cup. Went on to Celtic and only lasted 20 minutes and a huge blow. He even wrote on his Instagram that he thanked everyone and he's sorry that it only lasted 20 minutes. He said that the road to recovery starts today and he's got a good head on his shoulders. So good luck to him. Also Socceroos Aaron Mooy played this morning for Huddersfield and they had a 1-0 win over Fulham. It was a bottom of the table clash and it's hutters field's first win for the English Premier League season so far -- Huddersfield's first win for the English Premier League team. And the para ice hockey team in pool C against Finland and China. Debut for the para ice hockey championships. So good luck to them and we'll keep a close an eye on them.Over in Finland?Yes.Thank you. The judge presiding over the Geoffrey Rush defamation trial has ruled the Daily Telegraph will not be allowed to include the new evidence of Witness X. Mr Rush is suing the newspaper over articles alleging he acted inappropriately towards co-star Eryn Jean Norvill during the Sydney Theatre Company's production of King Lear. For more, I'm join by our correspondent at the court. What did the judge say?Good afternoon. This has been a win of sorts for Geoffrey Rush. The Justice ruled that the Daily Telegraph cannot include Witness X. So the allegations that Witness X raises will not be included as part of the trial. The judge said it was by no means as easy exercise as he balanced up the various arguments by them. But he said that due to the lateness of the application to include Witness X due to the delay caused by amending the defence for the fourth time during the proceedings, he said that the newspaper's conduct during litigation was also a concern to him. He described it as a moveable feast, to say the least, given the four amendments to the defencement and he also described the prejudice to Mr Rushment and he said that because of all of those things, he was not satisfied that the newspaper should be allowed to amend its defence. The court heard that Witness X's evidence had nothing to do with the Sydney Theatre Company, with the King Lear production, nor with Eryn Jean Norvill, the actress who has been the central figure of the defamation proceedings. Rather that the incidents and events detailed in Witness X's statement relate to events that occurred years ago. We heard that Nationwide News approached Witness X several times throughout the course of the year and they did not want anything to do with the proceedings, but four days into the defamation trial, we are now on day 12, so four days into the defamation trial, Witness X's solicitor reached out to Nationwide News and said that their client would be willing to give evidence. But ultimately, that evidence will not be included in the Daily Telegraph's defence and we will now move on with the case.So, you mentioned earlier that this was a small win for Geoffrey Rush. How did he react?Well, he looked quite jovial afterwards, it has to be said. This has been a tremendously difficult time for Geoffrey Rush and his wife. We have heard in court affidavits saying that. And he looked stressed over the last few days. But he had a slight smile on his face when we were coming down. We were in the same lift coming back down from the court to the ground floor and he looked to have a bit of relief on his face. But it's not over yet. We still have to go through closing arguments from both Nationwide News and they'll kick off their closing arguments tomorrow, and then Geoffrey Rush's legal team will mount their closing arguments and then there will be some time before Justice Michael Wigney comes back with a decision. He's got a lot of evidence and a lot of witnesses to go back over, so we don't expect to hear his reasoning and his results on this case for some time. Many thanks for the update. An inquest into the death of serial stalker Paul Lambert continues today in harbour on the New South Wales -- harbour on the New South Wales Mid North Coast. He stabbed his ex-girlfriend 11 times and doused her in petrol. Dr Angela Jay survived and was first to give evidence today. Dr Angela Jay's voice broke as she described the events leading up to the attack two years ago. She told the court she often felt like a murder victim that that she shouldn't be alive. The Port Macquarie doctor met Lambert on Tinder in 2016 but it turned sour. When Dr Jay tried to break up with Lambert, he became suicidal. She told the court that she felt she had a duty of care towards him, but felt increasingly trapped. Medical evidence after his death shows he had bi-polar and personality disorder, making him hypersensitive to rejection and abandonment. In the days before the attack, Lambert had been stalking Dr Jay and eventually made arrangements to kill her. Following the attack, he had led police on a high speed chase near Coffs Harbour. When cornered, he lunged at police with a knife creaming, "What -- screaming, "What do I have to do to get you to shoot me?" After a stand-off, he was dead. The hearing will examine if the death was avoidable were it not for a string of systematic failures. A quick look at the national weather details now:

The stop stories on ABC News -- the stop stories on ABC News: A man has died from his injuries in the third shark attack off Queensland's Whitsundays coast. The 33-year-old man was mauled when swimming off a boat at Cid Harbour yesterday close to the area where a woman and a child from attacked in September. He was transported to hospital in a critical condition and later die. The Foreign Affairs Minister Marise Payne will be in China this week as diplomatic relations between the two nations begin to thaw. Senator Payne has been invited for a 2-day visit to Beijing, including talks with China's Foreign Minister. Diplomatic Australia's
ties have been strained by Australia's rejection of foreign investment bids and a crackdown on foreign interference. US President Donald Trump has urged Republicans to turn out for tomorrow's mid-term elections in order to keep his political movement going. Most polls suggest that the Republicans will maintain control of the Senate, but could lose the House of Representatives to the Democrats. The vote is being seen as a verdict on the President's first two years in office. And thousands of fans are gathering at Flemington racecourse for the running of the Melbourne Cup this afternoon. Wet weather has seen punters drift from pre-race favourite Yucatan ahead of the $7.3 million event. Magic Circle is now considered the race favourite. Each year on Cup Day, there's a debate about animal welfare and horse racing. Meantime, Australian researchers are trying to better understand the strain that a race places on horses. Paul McGreavy is a profellsor of animal behaviour and welfare at the University of Sydney and joins me now. Thank you very much for your time today.My pleasure.What scientific evidence is there to categorically say what impact a race like the Melbourne Cup has on the thoroughOne of the factors that -- thorough breds. One of the factors is the pulmonary haemorrhage or bleeding from the lung. And the data says that somewhere between 43% and 75% of horses will bleed when galloping in a race. We have to appreciate that that is often happening there within the lungs. We done see it on race day. If it a horse does that and it is bleeding through the nose, with will be taken out.We often see fractures with the horses too. Is that a problem that you anticipate to see at these events?We certainly hope not, but we are pushing these amazing equine athletes to their physical limits. And so, unfortunately, sometimes, they get tired and make mistakes as they land on the ground. Especially with firm going, and that can fracture a leg, which could be, of course, life-threatening.You have done much work on the use of the whip. I'd like to get your opinion on whether or not you think that whips should be used in horse racing?The evidence from Norway is that they're not necessary. The Norwegian Thoroughbred Association has had whip racing out in totality for 30 years. So you can still get a winner, even though the horses are not whipped. So you don't get the prospect of the whipping tired animals. And I think that that is the future for sustainable racing for Australia.Would the trainers not say that the whips are used to encourage the horse?That's right. If you whipped a horse the way that the horses are whipped in racing, if you took the horse out into the car park at a race track and did that, you'd be up on a charge of animal cruelty. The belief is that the horses are immune to pain because they're adrenalinised, but there's no firm evidence of that at all. And the term "encouragement", I think, is a euphemism.The Racing Board says that they use scientific advice to set the rules around whipping and that does not inflict pain. The whips are padded. That's not the case?We've looked closely at the landing of whips on horses and that padded action, which is the final third of the whip, the end third, is sparing the horse some pain. But the unpadded section of the whip is landing 665% of the time. -- 65% of the time. So more often than not, an unpadded part of the whip is landing on the horse.Are whipping rules here, are they very different to Norway? Where they don't use whipping. What about our international counterparts?If we were to compare us with the UK, in a UK race, horses can be whipped up to a maximum of seven times on a flat race like the Cup and eight times is the maximum over hurdles and jumps. Here, we can see horses being whipped up to 18 times within the rules.The horses are also required to wear other apparatus, whether it is the bit or what they need to do to suppress the tongue. Can you talk us through that apparatus and how that could impact on the horse?So the tongue ties are used in at least 20% of Australian race horses. Which, again, is comparing poorly with the UK where only 5% of horses race with a tongue tie. And just to explain what it does - it stabilises the tongue by strapping it against the lower jaw, and that stops the horse putting the tongue over the bit, which can disable some of the rider's control. But also it stabilises the soft palate of the horse, which can improve airway flow.So it sounds like it is there partly for safety, but it impacts on the horse's well being?Well, it does, because it can be put on very tight. There's no regulation of how tight it is applied. I've seen quite badly damage and even lost tongues as a result of this device. So it's not regulated in that sense, and that would be something that the industry could look at to underpin and underwrite horse welfare.So what is the solution to all of this? What I'm hearing from you is scientific research that suggests that the horse's well being is put at risk during races such as this. I imagine that the industry says that they have rules and regulations to protect thoroughbreds. Where do you go from here?The RSPCA Australia is doing a good job in keeping the conversation going. Their data suggest that is only 26% of Australians support the whipping of race horses, so they're gathering data that informs the debate. And I think that the prospect of sustainable racing where horse welfare is clearly the priority is quite degiling and it's on the -- beguiling and on the radar if we can get everybody on the table and have constructive conversations about getting it.We didn't get on to the idea of fleshing out the idea of a social licence. But thank you for your conversation today.My pleasure. Police are warning people not to swim at Shoot or Cid Harbour in Queensland's Whitsundays after a man died from a shark attack. The 33-year-old from Victoria was on a sailing holiday with a group of friends when he was bitten yesterday afternoon. Two other people were attacked in the same area in September. Daniel Gschwind, chief executive of the Queensland Tourism Industry Council, says authorities are investigating the increase in shark activity.I think they're going through this very methodically. Clearly, this is a situation that's unprecedented in many ways. We have seen the other attacks and now a fatal attack. Our sympathy and main concern is always with the family and the friends of the victim here. But what is important now is for the authorities and the management authorities to investigate what is actually going on. We haven't seen this kind of phenomena in the past.Can you shed a light on why we're seeing more attacks in this area?I think that there is a great question mark over this. What I can say with certainty is that the commercial operators who do welcome guests to the Whitsundays and send them out, in this case on charter boats, or sometimes on their own vessels, they are all informed very carefully of all of the risks that are associated with an environment that many people are not used to. And certainly, those briefings have been updated since the first attacks recently. So everybody is given a whole wealth of information of what to do and what not to do. So that's important because our commercial operators take a duty of care for the visitors very seriously. But we need to now have the scientific background and investigation of what is causing this sudden spike of attacks and interactions with sharks. We simply do not know why this is occurring and what is responsible for it. Speaking to our reporter on the scene earlier this hour about the community response to this, she indicated that perhaps the information isn't getting out there to people, tourists, who are hiring these boats, and where it is and isn't safe to swim?Well, I can tell you categorically, without referring to the specific case, and I have spoken to charter boat operators as recently as this morning. The information provided by all commercial operators is very specific and very clear about the risks, including those associated with sharks and wildlife interactions generally. Of course, we have to remember that there are other people who go out on the reef in their own vessels. There are other people who may not, perhaps occasionally, be fully aware of the importance of the messages that they're given. That is possible. But the commercial operators are very, very focused on their responsibility.Apart from the education aspect to making the waters safer, what else can be done? I think that we do need some scientific research into what is going on here. I think that it is clearly in the interests, not only in finding some answers for the family of this victim here, but what has occurred, but also a broader environmental issue that we need to assess what kind of shark species is responsible for these attacks. Why are they suddenly more aggressive, apparently? Why are there such numbers there? Has it got anything to do with the human interaction that takes place? And are there other environmental factor at play? We really do need a bit more research before we go in and respond with, perhaps, ineffective measures. Drum lines were installed following the two attacks in September, but they've since been removed. Would you support a call to have them reinstalled?I think that I would support a scientifically based response to this. The drum lines, my understanding, is that they caught tiger sharks. There are certainly questions over whether it was even tiger sharks who were responsible for the original attacks, let alone this current attack here. So I think rather than just responding by a measure that may satisfy the public expectation of the Government doing something, we need measures that are actually effective in addressing the issue.Four tourists have drowned in the last three days in northern Queensland waters. How would you address these sorts of tragedies? Again, it comes down to information. We have to recognise that many of our visitors, both domestic and international visitors are not familiar with the environment that is they find themselves in. It can be beach and it can even be the swimming pool - for some people, a novelty who are not used to in their own countries to spend so much time in the water. It can be the outback roads and the forested areas that people are not used to. We do have a responsibility to make people aware safety,
of that. In relation to water safety, specifically, which was one of the greater risk environments, we, the Queensland tourism industry council and the tourism industry have worked with surf lifesaving Queensland to again this year, only a few weeks ago, release a hand book for all tourism operators to be better informed in relation to what they should tell their visitors. And all tourism operators and all people in the supply chain have a responsibility to make sure that our visitors have the right information to make responsible decisions.So I gets it's a shared responsibility, a collaborative process in the supply chain that you just mentioned. Would it be an idea to have people welcomed into our country with these hand books at the airport?Well, look, there are all kinds of touch points and that may be one of them. You're quite right. We have also conceded and owe O'Indicationally it has been implemented, videos on planes when people fly into the country. When they hire cars and when they check into hotels. All of the touch points are really important and I can assure you that the tourism operators are very conscious of their responsibilities. But we also have to recognise that we all, as consumer, also have a responsibility to occasionally listen to those messages, and that's tricky when you have people on holidays, who are in a good mood and focused on other things. So to tell them a very serious message occasionally is a skill and a tricky business and we have to all share the responsibility.Chief executive of the Queensland tourism industry council - thank you for your insight today. Thank you very of. Two high profile Australian politicians are visiting China this week fuelling speculation that relations between the two countries is thawing. The Foreign Minister will be visiting Beijing on Thursday break ago year-long ministerial freeze imposed by China's government. Han Hendrich say that is the forging of closer ties will be welcomed by Beijing.I think that China wants a thaw in the relations. The election is coming up here, so it's important for China to get it out of the headlines and to create some bipartisanship.So why now? Well, this is basically the best time. It coincides with China being under pressure from the United States and that being a fairly unpredictable situation. So there's on the one side, the trade aspect that's growing and where China again sent signals and wanted the minister to come. And on the other side, China is trying to put the relationship on speaking terms again, which we didn't have for three years, basically.And why were we frozen out originally?Well, I think from the Chinese side, there was a distinct perception that Australia was being hostile. That China was presented as a hostile country. That security as pecks were exaggerated, risks were exaggerated. And for example, that students were spying on Australia. And we have 9,000 students in business schools. We're educating the business leaders. So to put it all there that that was all a part of hostility made the Chinese worried that relations were turning bad.And is it just the sense that the headlines that we used to read a few months ago when Malcolm Turnbull was Prime Minister, of Chinese interference, we haven't really seen much of that in recent months. Has that fuelled their appetite to, perhaps, bring us out of the dog house?I think they've seen on the Australian side that efforts were made. Malcolm Turnbull at the end of his term really did come around and try to set things straight. The new Government came in and tried to calm thing down. Minister Marise Payne has made a strong vesture saying that -- gesture saying that the relationship should be based on shared interest, on common interest, and on respect. That's probably something that wouldn't have been said a few months ago when it was all the question to share the same value and China has to turn our way. I think that this was a big signal that is registered by the Chinese as a signal that things should move on. Do you think that the change in Government is going to help nurture the relationship?I think it has, yes.And it will? Is that something that you attribute to Scott Morrison?I think whether it will lead to a visit by Scott Morrison to China later this year, I think that's another good question. That probably will depend on the talks that Marise Payne will be having in Beijing. But I think it's certainly a signal that the Chinese want to improve the relationship with the bipartisan aspect
new Government, and I think also the bipartisan aspect is important. That the China relationship is kept out of the headlines for the upcoming election.We see Simon Birmingham, the Trade Minister, over at the China Trade Expo at the moment. This trade Expo, we heard President Xi Jinping saying that he wants to keep the door open. Is he in a position to say that because of what's going on with the trade tensions going on with the United States?Yes, I think that the whole purpose of the trade fair was to give a signal to the United States. And it's really for the United States, primarily, to say - we are open and we want to buy American goods. We are willing to import more. And of course, it has to be packaged in a more global framework, so it is not just the United States, but it's a broad opening and there's different aspects. Most of which will have a very positive effect on Australia. So it's opening industries where we are already strong, but want to grow, such as health, education, agriculture, services. These are important areas for Australia and they were all mentioned by Xi Jinping. And then there's the other question of the industries but the whole question of non-tariff trade barriers where Australia will be affected in terms of our agriculture export, quarantine regulations and e-commerce. These are things where we will automatically benefit from the general opening.What could potentially derail what looks like this relationship getting back on track?Well, I think that on the Chinese side and it was something where we had a university dialogue with people in the strategy sphere in bay University who -- Beijing University who advise Government. Their concern was - please as Australians, do not get caught in this dichotomy that you have to be pro-Chinese or pro-American, but try to protect your own interests and areas you want to maintain and where you want to have a good relationship. And on that basis, we are keen to work with you. So, I think that the only thing that could derail it is that again, we're forced into choices of doing deals with China or business with China. You can then not do business with the United States. This dichotomy, I think it's something that could derail a project, but on all sides, there's a clear awareness that this is not what we want to happen.You are off to China later. All the best on your trip.Thank you.Thanks for your time today.Thank you. The US mid-term elections are being viewed as a change for voters to pass judgement on Donald Trump's presidency. The Democrats are hoping to retake control of the House of Representatives while Republicans are seeking to tighten their grip on the Senate. Jay Newton-Small is from Time Magazine in Washington and says that it could have a long lasting impact on elections.Traditionally, higher voter turnout traditionally benefits the Democrats. And the Democrats also see high turnout in early voting compared to Republicans, who tend to vote more on the day of elections. So you do see this, a fairly large surge here and voting for mostly the Democratic side early on. That said, you also see historic amounts of Republicans voting early on. So the turnout seems to have risen in this particular case, but slightly more so for Democrats. I think statistically speaking, it's hard for the Republicans to maintain the House at this point. So many seats either lean Democratic or safe Democratic. You have more than 40 House Republicans who have retired and a lot in moderate districts which has opened up an opportunity for Democrats that you didn't see coming just after the 2016 election. And the retirements have really meant the difference for Democrats. The cycle there where we'll see if they can fully capitalise on it but given the amount of fundraising and the quality of the candidates that they've recruited and the polling going into the race, it looks like the Democrats are heavyweighted to win the House. It would be a huge wrench into Trump's plans. First of all, with legislation, it means that he will not be able to pass terribly huge amount of legislation. He'd have to get the cooperation of a democratic house to do so, which think would be difficult given the hyperpartisan nature of politics in Washington these days. But then, also even worse, the Democrats would then have power to investigate the president and his presidency moving forward, so you can be sure that the Democrats will use that a lot and investigate a lot of aspects of the Trump presidency, and whether anything from the Robert Mueller Russia collusion investigation, or whether the interior secretary Zinke, has defrauded the department of interior from a lot of money. There's a lot out there for them to investigate. But there is a real sense in America today and you see it with the voter turnout number that is this is a very important election and this is a referendum on the President and his policies that have been so polarising in his first two years in office. And so, people believe that if this he can effectively elect a check on him, turn at least one chamber, if not both chambers of Congress, and turn a number of the elections, that this could have an impact, not only on his presidency, but also, remember, that coming up 2020, is a dedistricting year. If you -- redistricting year. If you have Democrats coming into power and redistricting here, they can have a long-term decade-long impact on the elections. So having this referendum be on Trump, for them, is a positive they believe that they can affect change, not just in the short-term, but in the long-term here. Ahead of this week's centenary of the end of the first world war, Australia has gifted two stone lions to Belgium in Ypres in honour of the dedication to remembering the front-line soldiers killed. Statues are he lick as of -- replicas of the original statues which were donated to the Australian War Memorial in Canberra in 1936. Memorial chairman Kerry Stokes paid tribute to the bond shared between Australia and Belgium as the monuments were unveiled at a ceremony. Just as they stood guard in the Australian War Memorial. They are iconic touch stones - values that we share as countries. It is appropriate, then, that I formally offer this gift of the exact marble replicas of the lions back to this city from the Australian Government and the Australian people. Kerry Stokes speaking there. Melbourne Cup contenders have been put through their final paces ahead of this afternoon's prized race. Heavy rain has fallen at Flemington, but race organisers say that it won't have much impact on the track. Catherine Murphy joins us now from the stables at Werribee, and Catherine, there's been a track upgrade. Tell us about that?There has, indeed, been a track upgrade. I'm pleased to say that the rain has finally stopped. It was incredibly heavy. It was a deluge. We started to wonder if it would stop at all. But in true Melbourne style, there are dark clouds in the distance but we also have some sunshine. Who knows what's ahead. But one thing we do know is that the track has been upgraded from a heavy 8 to a soft 7. Now, bear in mind that we started the day with a grading of 4. The gradings going from 1-10 with soft, starting with firm and going to complete satturation at 10. So we were only two grades away from the worst possible scenario, and some jockeys who rode in earlier races were predicting that we would reach satturation point. But some of the water has drained away and we're back to the soft 7 and there's still time to go before the race at 3:00pm.So who are the top international threats going to be, given the track has now been graded the soft 7?Well, you cannot look past the Aidan O'Brien horses regardless of what the track is looking like. And I say this with a bit more confidence than I did in the last hour because of the improvement in the track. But Yucatan is still the overwhelming favourite to win the Melbourne Cup. Bear in mind that Aidan O'Brien is one of the best. He's probably the best trainer in the world. He is Irish, and I promise, I say that without bias. He's yet to win a Melbourne Cup, and he's absolutely desperate to do it. He has three runners today, Yucatan, cliffs The Cliffsofmoher and Rostropovich. My calm -- camera operator and I were able to spend the morning with Yucatan and his trainer, TJ Cumerford and we watched him go on to the float with incredible precision. It's amazing what the team do and how chilled out the horses were as they were iced up and strapped up and put on the float. As they were put on the float, the incredibly heavy rain started at Werribee when they were about to make their journey from Werribee, which is a decent distance. It is about 40-50 minutes to Flemington. And I can tell you that Gemma and I were following the float in a car. We couldn't see the road markings. Halfway here, the road were flooding. It was treacherous. It was scary. But the good news is that Aidan O'Brien's horses have made it to Flemington. Yucatan is looking chilled out as ever and ready to race in this Melbourne Cup.Finally, before we let you go, any locals in with a chance?Yes. Absolutely. Gai Waterhouse is training the locally bred horse Runaway. Whenever Gai Waterhouse is training a horse, you have got to give it a chance. And what an amazing story it would be if she was to win the Melbourne Cup. Also remember that there are plenty of Australian trainers involved. Even if the horses aren't bred here. For example, Avilius is trained by a well known name, James Cummings. Also, Avilius likes a wet track so he won't mind the wet weather at all. Could see an Aussie trainer win the Melbourne Cup, even if it's a horse that wasn't bred here.And your tip for today? I'll make you put your money where your mouth is? OK, my tip for today is actually Rostropovich. So not Aidan O'Brien's Yucatan, which is the favourite. I'm going to go for Rostropovich around the $21 mark. I just think that this horse could cause a surprise. Favourites rarely win at the Melbourne Cup so it would be a big ask for Yucatan, who has drawn in barrier 23. Almost impossible to win. I think it's been the 70s since a horse has won from barrier 23. So Rostropovich, feel free to back it as well. as well.
Thank you. A quick look at the national weather details:

that is ABC News for now. Thank you for your company. I'm Kathryn Robinson. Coming up on the ABC News Channel, we'll get the latest interest rates decision from the RBA.

Today... A Victorian man dies after the third shark attack in Queensland's Whitsundays in two months. CPR was ongoing for a very long time and every solid effort was made to try to save that man's life.

A judge rejects a bid by The Daily Telegraph to call a new witness in the Geoffrey Rush defamation trial. US President Donald trump on a 3-state blitz in the final hours of the midterm election campaign. And crowds flock to Flemington despite the wet weather for the Melbourne Cup.

Hello and welcome to ABC News. I'm Ros Childs. A Victorian man has died after a shark attack in North Queensland. It happened at Cid Harbour. The same spot were two tourists were