Rod Kemp (Victoria, Liberal Party, Minister for the Arts and Sport) Share this | Hansard source

I should clarify that if exemption is not granted, as we approach 10 years it is, of course, always open to people to seek an extension of the act. Happily, I do not think I will be here; I am not sure you will be here, Senator Siewert. Senator Carr will certainly have been finished off by Senator Conroy by that time. Nonetheless, I am sure that senators at that time will, if it is needed, very closely scrutinise the debate and look at the very wise advice that has been given to this chamber.

Senator Siewert’s amendment seeks to exempt some instruments from the sunsetting provisions of the Legislative Instruments Act by amending the Legislative Instruments Act. This amendment is not needed. I am advised that the exemption that Senator Siewert is referring to has been sought through regulations to the Legislative Instruments Act. As I mentioned, the Department of the Environment and Heritage has already asked the Attorney-General’s Department to include declarations under sections 10 and 12 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 in regulations to the Legislative Instruments Act. So these will be exempted from the sunsetting provisions, which is the preferred approach to exempting instruments under the Legislative Instruments Act. We will not be supporting the amendment.