Joe Ludwig (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Hansard source

Again, it would be no surprise to find that the arguments that you have put have summarised the government's position quite aptly. We do not agree with the amendments for the reasons that you have highlighted. It is best in this instance. There is no definition within federal antidiscrimination law of 'gender identity'. Including that term would pre-empt the government dealing with new protections from discrimination on the basis of sexual orientation and gender identity, which will be implemented as part of the Attorney-General's Department consolidation of federal antidiscrimination law project.

The Attorney-General is the process of seeking views from the community on a definition of 'gender identity' and I would not want the government to be in a position of pre-empting that process. It is a sensible way of dealing with it. Post that, it can be dealt with as consequential amendments to legislation where the issue is settled through and after consultation. It is in the government's view more appropriate to introduce gender identity discrimination protections as part of that consolidation project, which may include, as I have indicated, consequential amendments to other laws and not only the extradition and mutual assistance acts, rather than, in this instance, introducing a term undefined in a piecemeal way in this legislation.

Can I say though that the government stand firmly on the side of opposing discrimination against a person on the basis of their gender identity. The second reading speech on the bill notes that discrimination against a person on the basis of their gender identity would be a ground for refusing extradition under the minister's general discretion. On that basis, the inclusion of the explicit ground for refusing extradition or assistance in circumstances where there is discrimination against a person because of their sex or sexual orientation will complement the minister's existing general discretion to refuse extradition. For those reasons, we do not support your amendments.

Question negatived.