Senate debates

Thursday, 12 September 2019

Bills

Criminal Code Amendment (Agricultural Protection) Bill 2019; In Committee

1:32 pm

Photo of Nick McKimNick McKim (Tasmania, Australian Greens) | Hansard source

You are so just making stuff up now, Minister! I think it's really important that you understand that the courts read these exchanges when they're trying to determine the will of the parliament. These are really important exchanges. Please don't make this stuff up. It doesn't talk about significant economic impairment in this section, Minister. It actually talks about causing detriment. It doesn't mention significant economic impairment, so your argument there is wrong. And, again, it's not about whether the company—in this case I believe it's Nintendo, but whoever creates the Pokemon GO game—thinks that there might be a detriment to a primary production business; what matters is simply whether or not it was reckless as to whether that might occur.

I'm telling you I don't think you've set the bar in a good place. I don't think you've responded to this issue well enough, and I'm putting on the record that I think it's entirely possible that, if someone chases a Pikachu which has been placed on a private farm and, in chasing that Pikachu, climbs the farm gate and damages a hinge, Nintendo will be caught. I'm standing up for the rights of gamers here, and I'm standing up for the rights of companies that create games like Pokemon GO. In your attempts to criminalise entirely reasonable behaviour that is for the common good—that is designed to address the climate emergency, animal welfare and the biodiversity crisis, because this is about protecting nature, protecting diversity, encouraging strong action on climate change and protecting the carbon that's embedded in our beautiful, magnificent native forests—and criminalise people who are trying to stand up for our children and our future generations, you've cast your net too widely. You have also picked up in your draconian dragnet companies who create video games.

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