❓ Mr. Blayney questions the Minister for Fisheries on the legality of the Western Rock Lobster fishery reforms under Section 92 of the Australian Constitution regarding interstate trade. The Minister responds, clarifying that while a commitment for domestic supply was secured, a complete ban on interstate sales was never guaranteed and is likely unconstitutional.
AnsweredQoN 207Legislative Assembly
QuestionView source ↗
WESTERN ROCK LOBSTER FISHERY — REFORM
207. Mr I.C. BLAYNEY to the Minister for Fisheries:
I have a supplementary question. I refer
to section 92 of the Australian Constitution —
Several members interjected.
The SPEAKER : Members! I want
to hear the supplementary in silence; otherwise, I will call to order the first
person who interjects.
Mr I.C. BLAYNEY : Thank you,
Mr Speaker.
I refer to section 92 of the
Australian Constitution that prohibits restriction of trade among states. Will
the minister outline to the house how he intends to defy the Australian
Constitution to ensure that no Western Australian lobsters are sold to other
states and territories, or is it the case that he cannot guarantee that any
lobsters will remain in Western Australia?
207. Mr I.C. BLAYNEY to the Minister for Fisheries:
I have a supplementary question. I refer
to section 92 of the Australian Constitution —
Several members interjected.
The SPEAKER : Members! I want
to hear the supplementary in silence; otherwise, I will call to order the first
person who interjects.
Mr I.C. BLAYNEY : Thank you,
Mr Speaker.
I refer to section 92 of the
Australian Constitution that prohibits restriction of trade among states. Will
the minister outline to the house how he intends to defy the Australian
Constitution to ensure that no Western Australian lobsters are sold to other
states and territories, or is it the case that he cannot guarantee that any
lobsters will remain in Western Australia?
AnswerView source ↗
I could say it is about ''the
vibe'' or it is about Mabo or something, but I will not make that joke.
As
the member for Geraldton would recall, when the Premier and I met with the
industry a few weeks ago, we got a commitment that up to 315 tonnes would be
made available for domestic supply. The exact wording that the Premier used was
that the majority or the bulk of which would be for domestic supply. We have
never guaranteed—I do not think we could guarantee—that not a single
Western rock lobster would cross the border into South Australia. We have not
made that guarantee, and I am not going to make that guarantee. We have to take
the industry on face value that it is serious about providing greater supply to
the Western Australian market. We are having discussions with the industry
about how we do that, and I am sure the outcome that we come to will not
contravene the Constitution.
vibe'' or it is about Mabo or something, but I will not make that joke.
As
the member for Geraldton would recall, when the Premier and I met with the
industry a few weeks ago, we got a commitment that up to 315 tonnes would be
made available for domestic supply. The exact wording that the Premier used was
that the majority or the bulk of which would be for domestic supply. We have
never guaranteed—I do not think we could guarantee—that not a single
Western rock lobster would cross the border into South Australia. We have not
made that guarantee, and I am not going to make that guarantee. We have to take
the industry on face value that it is serious about providing greater supply to
the Western Australian market. We are having discussions with the industry
about how we do that, and I am sure the outcome that we come to will not
contravene the Constitution.
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