Jan McLucas (Queensland, Australian Labor Party, Parliamentary Secretary to the Minister for Health and Ageing) Share this | Hansard source

I move government amendment (1) on sheet RE380:

(1)    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.

As in the earlier debate, when we were debating these two elements in a cognate way, I put that we would be moving this definition of fishing. As I indicated, this comes as a result of the inquiry into the bill by the relevant Senate committee. I thank the members of the committee for their advice and for the report we received.

First, I need to make something very clear. Senator Joyce has been saying that the reason we have moved this amendment is that the previous definition was onerous. That is not correct. It is simply being moved as a point of clarification. It is not at all to do with the view that Senator Joyce has put to us. It also comes as a result of the contribution you made earlier, Senator Joyce, when you questioned whether it refers to the zoning plan or to the act. That is a very important point, and I think I answered that in an earlier contribution—at least I hope I did.

The amendments we have moved are relevant only to commercial operations. I do encourage you to look at paragraph (c) of the amendment that says:

engaging in any activity (including searching for fish, using fishing apparatus and using fish aggregating devices) in connection with …

and that is the most important part—

… in connection with taking, or attempting to take, fish.

You should not be concerned about the import of this definition. I think it is a good addition in terms of clarification to the overall operation of the act, if adopted. I commend the amendment to the Senate.