COMMONWEALTH OF AUSTRALIA PARLIAMENTARY DEBATES SENATE Official Hansard MONDAY, 20 MAY 1996 THIRTY-EIGHTH PARLIAMENT FIRST SESSION—FIRST PERIOD BY AUTHORITY OF THE SENATE CANBERRA CONTENTS MONDAY, 20 MAY Representation of Tasmania ............................... 699 Questions Without Notice— Native Title ......................................... 699 Sale of Telstra ....................................... 700 Retrospective Legislation ................................ 701 Natural Heritage Trust ................................. 701 Export Market Development Grants ........................ 702 Economy ........................................... 703 DIFF Scheme ........................................ 704 Labour Market Programs ................................ 705 Higher Education ..................................... 706 Environment ........................................ 707 Higher Education ..................................... 708 Importation of Cooked Chicken Meat ....................... 709 Industrial Relations .................................... 710 DIFF Scheme ........................................ 711 Minister for Primary Industries and Energy ................... 711 Strelley Pastoral Leases ................................. 711 Public Service Cuts ................................... 712 Australian Securities Commission ......................... 713 Election of Senator .................................... 713 Personal Explanations .................................... 714 Questions Without Notice— DIFF Scheme ........................................ 718 Higher Education ..................................... 719 Retrospective Legislation ................................ 722 Minister for Primary Industries and Energy ................... 723 Film and Video Guidelines ................................ 724 Greens (WA) .......................................... 725 Petitions— Census ............................................ 725 Nuclear Testing ...................................... 725 Privatisation ......................................... 725 Breast Cancer ....................................... 725 Logging and Woodchipping .............................. 725 Notices of Motion— Election of Senator .................................... 726 Introduction of Legislation .............................. 726 NASA Shuttle Endeavour ............................... 726 Universities: Funding .................................. 726 Rural and Regional Affairs and Transport Legislation Committee . 726 Importation of Cooked Chicken Meat ....................... 726 Foreign Affairs, Defence and Trade Legislation Committee ........ 727 Customs (Prohibited Exports) Regulations .................... 727 Consideration of Legislation ............................. 727 Australian Labor Party: Parliamentary Representation ............ 728 Nuclear Testing: China ................................. 728 Labour Market Programs ................................ 728 Order of Business— Rural and Regional Affairs and Transport References Committee .... 728 Sri Lanka .......................................... 728 Public Interest Secrecy Committee ......................... 729 Introduction of Legislation .............................. 729 Coalition: Election Commitments .......................... 729 Indexed Lists of Files .................................. 729 Superannuation Committee .............................. 729 Consideration of Legislation ............................... 729 Consideration of Legislation ............................... 729 CONTENTS—continued Committees— Community Standards Committee—Re-appointment ............. 729 Matters of Urgency— Gun Control ........................................ 729 Documents— Auditor-General’s Reports—Report No. 23 of 1995-96 ........... 740 Auditor-General’s Reports—Report No. 24 of 1995-96 ........... 744 Committees— Legal and Constitutional Legislation Committee—Additional Information ....................................... 744 Corporations and Securities Committee—Establishment .......... 744 Membership ......................................... 744 Consideration of Legislation ............................... 744 Adjournment— Condolences: Mr Joe Farley ............................. 763 Deaths at Port Arthur .................................. 764 Environment ........................................ 765 Industrial Relations Law ................................ 766 Violence in the Community .............................. 768 Taxation ........................................... 769 Mr Malcolm McGregor ................................. 770 Documents— Tabling ............................................ 770 SENATE 699 Monday, 20 May 1996 at the moment and that that is making life very difficult for many Australians—no doubt about that at all. Some of that uncertainty The PRESIDENT (Senator the Hon. may be removed when the Wik case has been Michael Beahan) took the chair at 2.00 p.m., concluded, but probably—as Senator Faulk- and read prayers. ner, if he knows anything about this matter, will recognise—not all the uncertainty will be REPRESENTATION OF TASMANIA removed. The PRESIDENT—I inform the Senate The correct response to this unsatisfactory that I have received, through the Governor- state of affairs that we have inherited from General, from the Governor of Tasmania the Labor is something that we are deliberating. original certificate of the choice of the houses If you just wait patiently for a little while of the Tasmanian Parliament of Senator Susan longer you will find the answer. But you Mary Mackay to fill the vacancy caused by assured us at the time of debate of that bill the resignation of Senator John Robert that it was not necessary to specifically Devereux. I table the certificate and related include it within legislation because of your documents. determination that it did in fact extinguish QUESTIONS WITHOUT NOTICE native title. Native Title Senator FAULKNER—Mr President, I ask a supplementary question. My question was Senator FAULKNER—My question is whether you intended to legislate to provide directed to Senator Hill representing the Prime for the extinguishment of native title on Minister. Does the government intend to pastoral leases. Of course, we had a non- legislate for the extinguishment of native title answer; it was just equivocation and obfusca- on pastoral leases? tion. I ask: will you cave in to the likes of Mr Senator HILL—I presume that if the Labor Tuckey and Senator O’Chee or not? Party stands by its previous position it would Senator HILL—It is not a question of argue that legislation is unnecessary, because caving in to anyone. What we said at the time it was the Labor Party which assured the of the election is that there is an uncertain Australian people that pastoral leases did in situation left as a result of Labor’s failure fact extinguish native title. It was so certain which we must address and that is exactly of that, in fact, that it was unnecessary to what we are doing. There are a number of include it within its own legislation. Is the different alternatives that are open to us. One Labor Party coming in here today, now that of the alternatives is to wait until the High it has been defeated and is out of office, Court resolves the matter. As I said to Senator without having to face up to these responsi- Faulkner—although I do not think he does bilities, and suggesting that we should now do understand the consequences of his ques- so? tion—it may well be that the Wik case will Senator Bob Collins—I think you are not totally determine that question. I could go having an identity crisis. into the differences between native title in Senator HILL—No, it is not a question of Queensland and native title in Western Aus- an identity crisis. The identity crisis is on the tralia, if Senator Faulkner likes. other side because they have one position in Another alternative would be to seek to government and another position in oppo- accelerate other High Court cases that could sition. The implication in the question is that resolve what questions might be left un- perhaps they misled the Australian people on answered. There are a series of potential the consequences of the effect of pastoral approaches for us to take to do what we said leases on native title. we would do at the election, and that is act to There is no doubt that within the Australian resolve the uncertainty that currently exists, community there is uncertainty on this issue and we are addressing those options. 700 SENATE Monday, 20 May 1996 Sale of Telstra contribution? This is precisely the approach Senator CRANE—My question is directed Paul Keating took. Whenever he was short of to the Minister for Communications and the a quid, he went to Telstra with a gun to its Arts, Senator Alston. I ask: what would be the head and said, ‘Give us an extra couple of likely impact of the Democrats’ proposed hundred million dollars.’ And you’ve learnt environment funding bill—or should I say nothing from it. It clearly is an outrageous taxing bill—on Telstra, its competitors and way to treat the national carrier as it goes into Australian consumers? Does this proposal a new and highly competitive environment. amount to nothing more than a new tax? You might like to pretend that somehow it is just going to go on and on with increased Senator ALSTON—Obviously Senator profits every year—18 per cent. That’s what Kernot is very sensitive about this subject, you said. and well she might be. I saw the cartoon on the editorial page