Senate debates

Tuesday, 1 August 2023

Questions without Notice

Cultural Heritage Protection

2:00 pm

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | | Hansard source

My question is to the Minister representing the Minister for the Environment and Water, Senator Wong. Minister, considering the shambolic and disastrous impact of the Western Australian Labor government's Aboriginal cultural heritage laws, particularly on farmers, local councils and environmental groups, will the minister now abandon the Albanese Labor government's promise to change cultural heritage laws at a national level?

Hon. Senators:

Honourable senators interjecting

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Order, senators on my left and on my right! I ask for silence while the minister responds.

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

The first point I would make is it appears that the first question on both days this week from the opposition has been about the actions of a state government. I'm pleased that they are so supportive of what this government is doing that they don't appear to be able to ask questions critical of what our policy is. But, as the minister well knows, the issues around the Western Australian legislation are matters for the Western Australian government. I would make the point that I understand that the shadow Attorney-General, the Deputy Leader of the Opposition, is amongst those who wish to conflate those issues in her opposition to the Voice. Anybody who has been to Western Australia or who has spoken to any Western Australians will know that that is a political tactic because you oppose the Voice.

I've been in politics for a while, and I think we all understand the scare campaign, and Senator Cash is good at those.

Hon. Senators:

Honourable senators interjecting

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Order on both my left and my right! Before Senator Wong got to her feet, I asked for silence during her answer. Minister, please continue.

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

In relation to the second point I am surprised, given the comments of your own deputy leader, Ms Ley, in relation to Indigenous heritage protection, that you would ask me whether or not we should abandon them. The minister and now Deputy Leader of the Opposition told the Australian in November 2021 that Indigenous heritage protection remains all too complex, and it needs to be addressed through a national conversation. The options paper you're asking me about was commissioned by you. The options paper you are writing a scare campaign on was commissioned by you, and if you ever wanted an example of why those opposite use every argument they can to oppose the Voice—

Honourable senators interjecting

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Wong, please resume your seat. Senators, once again, twice now I have asked for silence during the answer, and you have completely disregarded my direction. I'm not asking you. It's a direction. Minister, please continue.

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

The options paper in relation to Indigenous heritage protection was commissioned under you, and I think the scare campaign you are running is really reprehensible. (Time expired)

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Watt and Senator Henderson! Senator Cash, first supplementary?

2:03 pm

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | | Hansard source

Minister, can you guarantee to the people of Australia that the Albanese government's cultural heritage laws will not mean, as in Western Australia, that anyone on more than 1,100 square metres of land will be required to apply and pay potentially thousands of dollars for a permit before carrying out a range of activities, including the planting of trees, erecting fence and even clearing tracks?

2:04 pm

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

The scare campaign—

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | | Hansard source

Well, rule it out!

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

Yes, the scare campaign. You're asking me questions about state legislation in an attempt to try and drum up opposition to the Voice.

Honourable senators interjecting

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Wong!

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

Let's be clear what you are doing.

I invite you to remember this: it's your deputy leader's options paper. Why won't you support Sussan Ley?

Honourable senators interjecting

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Minister Wong, please resume your seat. Order! We are on the second supplementary of the first question, and this chamber is completely disorderly on my left and my right.

Senator Cash, you've asked your question. I expect you to listen in silence and to stop the interjections across the chamber. Minister Wong, please continue.

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

This is a bit like 'electric vehicles will end the weekend', isn't it? Was that you too—that was Mr Morrison. Senator Cash, those matters that you put to me are state government policy. They are not our government's policy. Our government's policy position is to go through the options paper and the conversation that you called for.

Honourable se nators interjecting

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Order! Senator O'Sullivan and Senator Hughes! Order across the chamber! Senator Cash! I'm waiting. Senator Hughes, I've called you twice! Senator Ayres! I don't intend to call every senator in this chamber to silence. I have asked for silence and I expect silence. Minister.

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

What I can say is this: the government is not proposing any Commonwealth takeover of state laws. We will not be adopting or duplicating existing state and territory regimes. If the senator would like to recall, this is all about ensuring that a tragedy like Juukan Gorge does not happen again—something that both parties of government, I thought, supported. (Time expired)

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Second supplementary, Senator Cash?

2:06 pm

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | | Hansard source

Minister, if you are proceeding with these laws, how can the people of Australia have any confidence that your laws will differ from the shambolic and disastrous Western Australia Labor government's cultural heritage laws?

2:07 pm

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

Again, I remind those opposite that the options paper they're running a scare campaign on was issued by their government and that the propositions which have been put to me by the Deputy Leader of the Opposition in the Senate are about state laws. I suggest she put them to the state government. Finally, I remind the opposition of this: there was once bipartisan support for updating national laws to better protect First Nations heritage. There were, I think, two parliamentary reports, chaired by the member for Leichhardt. There was a time when those opposite were not prepared to sacrifice that principle in pursuit of the sort of scare campaign that we have come to expect from Senator Cash.