Kerry O'Brien (Tasmania, Australian Labor Party, Shadow Minister for Transport) Share this | Link to this | Hansard source

The Agriculture, Fisheries and Forestry Legislation Amendment (Export Control and Quarantine) Bill 2006 makes a number of sensible amendments to the Export Control Act 1982 and the Quarantine Act 1908 that will be supported by the opposition. The bill creates new offences that will apply to persons in control of the preparation of food products for export who fail to ensure that the goods are prepared in accordance with legislated requirements, especially food safety legislation. It also provides a legal basis for the recovery of fees for quarantine services provided under the Quarantine Act to other Commonwealth bodies. In addition, the bill extends the services for which fees may be charged under the Export Control Act to services provided by the Secretary of the Department of Agriculture, Fisheries and Forestry or by the secretary’s delegate. Finally, the bill clarifies the use of certain terms and definitions in both the Quarantine Act and the Export Control Act and inserts a new definition of the word ‘fish’.

Offences under the Export Control Act currently only apply to the persons actually exporting prescribed goods or to persons in possession of prescribed goods intended for export. This legislation will create new offences for persons in control of the preparation of food products for export who fail to ensure that those goods meet legislative requirements, especially in relation to food safety. Two of the four new offences apply strict liability to some of the physical elements of the offence. This is seen as necessary, as otherwise persons in control of establishments preparing food for export could avoid the consequences of noncompliance by claiming that they were not aware of what was occurring in their establishments. These measures will provide Australia’s customers with an even greater degree of certainty that the food products they are importing from this country meet Australia’s stringent standards and are safe to eat. The levels of penalties applying to the new offences are broadly consistent with existing penalties in the Export Control Act.

This bill makes some small changes to legislation that address some relatively minor problems that have been identified with Australia’s existing quarantine regime. It does not, however, deal with the many major problems with the Howard government’s management of quarantine that have been exposed by the committees of this chamber, by industry associations, by farmers and by the Labor Party.

It is important that we deal with the issues raised in this bill, but it is even more important that the government acts to deal with the major flaws in Australia’s quarantine arrangements that have been highlighted by such cases as the Argentinean beef found on the Wagga Wagga tip, the introduction of citrus canker to Queensland, the flaws found in the import risk assessment for bananas and the Marnic case that I raised during the budget estimates hearings.

But it is not just me and not just the Australian Labor Party that have been drawing the government’s attention to its mismanagement of quarantine. Close supporters of the government have lost confidence in the ability of the Minister for Agriculture, Fisheries and Forestry and of the government to maintain a quarantine regime that provides adequate protection for our great primary industries and our native flora and fauna. The New South Wales Farmers Association held its annual conference less than a month ago. The minutes record that on 19 July a motion requesting that a committee of this Senate inquire into Australia’s quarantine system, as a matter of urgency, was carried unanimously by the delegates.

This motion followed the release of a report into the state of quarantine in this country by Mr Tom Brennan, a respected barrister. The New South Wales Farmers Association has been so concerned about the state of quarantine under the Howard government that it commissioned Mr Brennan to write the report. Mr Brennan has identified a number of structural flaws in Australia’s quarantine system and he has made a number of important recommendations. A number of these recommendations are similar to proposals that Labor took to the last election as part of our agriculture policy. Mr Brennan has produced a very well thought out and detailed report, and I recommend that all senators go to the New South Wales Farmers Association website and read it.

It is clear that our quarantine system is in need of a thorough review, and Labor has been calling for such a review for some time. The legislation we have before us today is worthy enough in itself and will have Labor’s support, but it is yet another example of tinkering at the edge of a quarantine system that is in need of a thorough overhaul.

Richard Colbeck (Tasmania, Liberal Party, Parliamentary Secretary to the Minister for Finance and Administration) Share this | Link to this | Hansard source

This bill, the Agriculture, Fisheries and Forestry Legislation Amendment (Export Control and Quarantine) Bill 2006, amends the Export Control Act 1982 and the Quarantine Act 1908. Both of these acts are crucial to the regulation of Australia’s international trade in food and agricultural products. The key amendments to the Export Control Act create new offences relating to the preparation of goods for export and ensure that the act has sufficient authority to enable the regulation of the sourcing of fish intended for export. These amendments enhance the capacity of the Australian Quarantine and Inspection Service to maintain market access for Australia’s agricultural food exports. The amendments to the Quarantine Act clarify the cost recovery arrangements from other Commonwealth bodies for quarantine services provided by the Australian Quarantine and Inspection Service. I commend the bill to the Senate.

Question agreed to.

Bill read a second time.