Rachel Siewert (WA, Australian Greens) Share this | Hansard source

I move Greens amendment (7) on sheet 5629:

(7)    Schedule 2, page 295 (after line 7), after item 59, insert:

59AA  Section 38

Repeal the section.

This amendment relates to exemptions from regulations, specifically to section 34 and subsequently section 38, which is ‘Regulations may provide for exceptions’. That actually gives effect to section 34 of the act, which is ‘Effect of Basin Plan on Authority and other agencies of the Commonwealth’. It says:

(1)  The Authority, and the other agencies of the Commonwealth, must perform their functions, and exercise their powers, consistently with, and in a manner that gives effect to, the Basin Plan.

There are a number of other provisions under that clause. Section 38, however, provides for exceptions to this. I would like to know from the government why the authority may be exempt from having to ‘perform their functions and exercise their powers consistently with, and in a manner that gives effect to, the Basin Plan’. Our amendment seeks to take out that exemption provision, so I am seeking clarification from the minister as to why the authority would be exempt from giving effect to the Basin Plan. I moved the amendment because I do not think it is appropriate that the authority be exempt from applying the plan.