Senator JOYCE (Queensland) (1.01
pm)—I just want to clarify something. If on
1 March 2008 the new entity is created—
except for the provision of a licence which
might be in the hands of a government; that
may be anything from a prudential regulation
licence to an occupational health and safety
licence—and if the new entity is being curtailed
from absolute completion not by reason
of their own incapacity to complete but
by reason of factors outside their control,
how will that be resolved?

Senator ABETZ (Tasmania—Minister for
Fisheries, Forestry and Conservation) (1.02
pm)—The bill requires that the company be
ready to go by 1 March 2008.

Senator JOYCE (Queensland) (1.02
pm)—In that process is there a program
within government to make sure that the issuing
of licences—in any way, shape or
form—needed to bring about that new entity,
will be given first priority in their development
and delivery? Is there any role by government
that might curtail or affect the company
so that we cannot have an unnecessary
falling over of the delivery on 1 March 2008,
not by reason that they did not do the job but
by reason that the government, whoever wins
the election, has not done their job?

Senator ABETZ (Tasmania—Minister for
Fisheries, Forestry and Conservation) (1.03
pm)—There is no such process to which the
senator referred within the government.

Senator JOYCE (Queensland) (1.06
pm)—In the statement of the financial viability
of a designated entity, who determines
what that is? Will ‘financial viability’ be determined
for the role that they determine to
do? Who makes that determination?

Senator ABETZ (Tasmania—Minister for
Fisheries, Forestry and Conservation) (1.06
pm)—In answer to Senator Joyce’s question,
the term ‘financially viable’ will depend on
the business model of the new entity, what it
does in-house, what it contracts out and
where the financial risk sits. It will mean the
company has the resources to meet its operational
needs and to pay growers for their
wheat. The minister will need to be satisfied
that the company has the financial resources
to meet its obligations to growers and to
maximise their—that is, the growers—
returns.

Senator JOYCE (Queensland) (1.07
pm)—So the financial viability will be determined
by the minister?
Senator ABETZ (Tasmania—Minister for
Fisheries, Forestry and Conservation) (1.07
pm)—Yes, on the basis of the factors that are
put to the minister by the relevant company
in relation to those matters I have just referred
to, such as what they do in-house,
what they contract out et cetera.

Senator JOYCE (Queensland) (1.07
pm)—With the deregulation of containers
and bags, will the proposed QA measures for
containers and bags include measures to ensure
that there is transparency to avoid the
issues that have occurred, such as the Jordanian
trucking company code of conduct—
that is, what assurances are we putting into
the quality assurance measures for containers
and bags to ensure that there is no transfer of
funds, by whatever mechanisms, to Mugabe,
or that there is not another manifestation of
Saddam Hussein?

Senator ABETZ (Tasmania—Minister for
Fisheries, Forestry and Conservation) (1.08
pm)—That issue is currently in progress. The
quality assurance scheme is to be developed
and finalised by the WEA. In fact, that is one
of the reasons why we believe there is some
urgency about this bill so that the bill can be
passed and the quality assurance scheme can
be put in place in time for the upcoming harvest.

Senator JOYCE (Queensland) (1.09
pm)—So is it the intent of the government to
ensure that in those quality assurance measures
we do put in protections to stop the illicit
movement of money by way of bribes,
or whatever, to parties which may be detrimental
to this government’s policy, especially
its foreign policy, on how we perceive
regimes, entities and the conduct of countries
overseas et cetera?

Senator ABETZ (Tasmania—Minister for
Fisheries, Forestry and Conservation) (1.09
pm)—It may help to indicate that the purpose
of the QA scheme will not be to dictate
the quality of wheat that can be exported but
rather be to ensure that exporters are meeting
the specifications of their contracts with customers.
This will allow exporters to fill niche
markets and market opportunities according
to what the consumer wants, rather than limiting
exports to artificially preset standards.
In relation to the matter that Senator Joyce
raised, I do not think that would be part of
the quality assurance scheme.

Senator JOYCE (Queensland) (1.10
pm)—Is there any section within the legislation
that will put a control on the deregulated
trade of bags and containers, or is it envis64
SENATE Thursday, 21 June 2007
CHAMBER
aged that there will be an oversight to protect
Australia from getting itself into another position,
as was seen with the Jordanian trucking
company code of conduct, or the payment
scandal, as it was otherwise known?

Senator ABETZ (Tasmania—Minister for
Fisheries, Forestry and Conservation) (1.11
pm)—The concerns expressed by the senator
are quite proper concerns. We will not be
dealing with them in this legislation. Issues
of bribes being paid—illegal payments of
moneys—are in fact dealt with in other laws.

Senator JOYCE (Queensland) (1.15
pm)—What is the definition, in the deregulated
market, of a container—that is, what
are its limitations—and what is the definition
of a bag?

Senator ABETZ (Tasmania—Minister for
Fisheries, Forestry and Conservation) (1.15
pm)—Do not tempt me, Senator, as to what
the definition of a bag is, but I think in the
context of this legislation I know what you
are referring to and I do have an answer for
you. As there is no definition of bags and
containers in the Wheat Marketing Act, the
common usage of the terms will continue to
apply, as has been the practice since the current
regulatory controls were put in place in
1999. I am advised that these are well understood
within industry. A container is that
which is used in standard shipping practice.
They are usually—and I find these measures
a lot more comfortable—either 20 feet or 40
feet in length and are capable of being
loaded onto container vessels, and road and
rai