❓ The Minister for Agriculture, Forestry and Fisheries confirms that Department of Fisheries vessels will operate with full lights at night, acknowledging past covert operations without lights. He supports changing the law to allow covert operations while ensuring safety.
AnsweredQoN 946Legislative Council
QuestionView source ↗
(1) Can the minister assure the House that any Department of Fisheries vessel on patrol duties operating at night will have full running and navigational lights during those hours? (2) If not, is this requirement of every vessel operating at night to be overridden by the Department of Fisheries and the Department for Planning and Infrastructure? Hon KIM CHANCE
AnswerView source ↗
(1)-(2) As of the past few weeks, yes, I can guarantee that Department of Fisheries vessels running at night will be running with full lights. That has not always been the case. It has not been until recently that the Department of Fisheries was fully aware of the legal circumstances. It had made assumptions, let us say, that it was able to carry out covert patrols at night without lights. It seems that those assumptions were not justified. When the Department of Fisheries became aware of that, it issued instructions to all its skippers to not engage in that practice. At the same time it is not an acceptable situation that the Department of Fisheries is unable to carry out covert operations. I personally support moving through the process to find some way to make that practice legally acceptable. Clearly, that will require a change in law. At this stage the Department of Fisheries and the Department for Planning and Infrastructure are working together to determine what changes in the law would be required to enable the practice. If the Department of Fisheries and other agencies, including the Police Service - Hon Bruce Donaldson: And the Australia Customs Service? Hon KIM CHANCE: Yes, customs. The same law applies to all of them, whether it involves commonwealth vessels, state vessels or law enforcement vessels. As a result of this issue coming to a head in the way that it has, those agencies are unable to carry out covert operations. Drug runners, criminals and people breaching fisheries law have been given virtually an open invitation to continue breaching the law at night because those agencies can no longer carry out covert operations. It is therefore very important that we resolve this issue to make sure that we are able to enforce our laws properly, provided that we can convince the relevant authorities that we can run such vessels at night without lights without endangering either that crew or other marine personnel.
(2) If not, is this requirement of every vessel operating at night to be overridden by the Department of Fisheries and the Department for Planning and Infrastructure? Hon KIM CHANCE replied: (1)-(2) As of the past few weeks, yes, I can guarantee that Department of Fisheries vessels running at night will be running with full lights. That has not always been the case. It has not been until recently that the Department of Fisheries was fully aware of the legal circumstances. It had made assumptions, let us say, that it was able to carry out covert patrols at night without lights. It seems that those assumptions were not justified. When the Department of Fisheries became aware of that, it issued instructions to all its skippers to not engage in that practice. At the same time it is not an acceptable situation that the Department of Fisheries is unable to carry out covert operations. I personally support moving through the process to find some way to make that practice legally acceptable. Clearly, that will require a change in law. At this stage the Department of Fisheries and the Department for Planning and Infrastructure are working together to determine what changes in the law would be required to enable the practice. If the Department of Fisheries and other agencies, including the Police Service - Hon Bruce Donaldson: And the Australia Customs Service? Hon KIM CHANCE: Yes, customs. The same law applies to all of them, whether it involves commonwealth vessels, state vessels or law enforcement vessels. As a result of this issue coming to a head in the way that it has, those agencies are unable to carry out covert operations. Drug runners, criminals and people breaching fisheries law have been given virtually an open invitation to continue breaching the law at night because those agencies can no longer carry out covert operations. It is therefore very important that we resolve this issue to make sure that we are able to enforce our laws properly, provided that we can convince the relevant authorities that we can run such vessels at night without lights without endangering either that crew or other marine personnel.
Hon KIM CHANCE replied: (1)-(2) As of the past few weeks, yes, I can guarantee that Department of Fisheries vessels running at night will be running with full lights. That has not always been the case. It has not been until recently that the Department of Fisheries was fully aware of the legal circumstances. It had made assumptions, let us say, that it was able to carry out covert patrols at night without lights. It seems that those assumptions were not justified. When the Department of Fisheries became aware of that, it issued instructions to all its skippers to not engage in that practice. At the same time it is not an acceptable situation that the Department of Fisheries is unable to carry out covert operations. I personally support moving through the process to find some way to make that practice legally acceptable. Clearly, that will require a change in law. At this stage the Department of Fisheries and the Department for Planning and Infrastructure are working together to determine what changes in the law would be required to enable the practice. If the Department of Fisheries and other agencies, including the Police Service - Hon Bruce Donaldson: And the Australia Customs Service? Hon KIM CHANCE: Yes, customs. The same law applies to all of them, whether it involves commonwealth vessels, state vessels or law enforcement vessels. As a result of this issue coming to a head in the way that it has, those agencies are unable to carry out covert operations. Drug runners, criminals and people breaching fisheries law have been given virtually an open invitation to continue breaching the law at night because those agencies can no longer carry out covert operations. It is therefore very important that we resolve this issue to make sure that we are able to enforce our laws properly, provided that we can convince the relevant authorities that we can run such vessels at night without lights without endangering either that crew or other marine personnel.
(1)-(2) As of the past few weeks, yes, I can guarantee that Department of Fisheries vessels running at night will be running with full lights. That has not always been the case. It has not been until recently that the Department of Fisheries was fully aware of the legal circumstances. It had made assumptions, let us say, that it was able to carry out covert patrols at night without lights. It seems that those assumptions were not justified. When the Department of Fisheries became aware of that, it issued instructions to all its skippers to not engage in that practice. At the same time it is not an acceptable situation that the Department of Fisheries is unable to carry out covert operations. I personally support moving through the process to find some way to make that practice legally acceptable. Clearly, that will require a change in law. At this stage the Department of Fisheries and the Department for Planning and Infrastructure are working together to determine what changes in the law would be required to enable the practice. If the Department of Fisheries and other agencies, including the Police Service - Hon Bruce Donaldson: And the Australia Customs Service? Hon KIM CHANCE: Yes, customs. The same law applies to all of them, whether it involves commonwealth vessels, state vessels or law enforcement vessels. As a result of this issue coming to a head in the way that it has, those agencies are unable to carry out covert operations. Drug runners, criminals and people breaching fisheries law have been given virtually an open invitation to continue breaching the law at night because those agencies can no longer carry out covert operations. It is therefore very important that we resolve this issue to make sure that we are able to enforce our laws properly, provided that we can convince the relevant authorities that we can run such vessels at night without lights without endangering either that crew or other marine personnel.
Hon Bruce Donaldson: And the Australia Customs Service? Hon KIM CHANCE: Yes, customs. The same law applies to all of them, whether it involves commonwealth vessels, state vessels or law enforcement vessels. As a result of this issue coming to a head in the way that it has, those agencies are unable to carry out covert operations. Drug runners, criminals and people breaching fisheries law have been given virtually an open invitation to continue breaching the law at night because those agencies can no longer carry out covert operations. It is therefore very important that we resolve this issue to make sure that we are able to enforce our laws properly, provided that we can convince the relevant authorities that we can run such vessels at night without lights without endangering either that crew or other marine personnel.
Hon KIM CHANCE: Yes, customs. The same law applies to all of them, whether it involves commonwealth vessels, state vessels or law enforcement vessels. As a result of this issue coming to a head in the way that it has, those agencies are unable to carry out covert operations. Drug runners, criminals and people breaching fisheries law have been given virtually an open invitation to continue breaching the law at night because those agencies can no longer carry out covert operations. It is therefore very important that we resolve this issue to make sure that we are able to enforce our laws properly, provided that we can convince the relevant authorities that we can run such vessels at night without lights without endangering either that crew or other marine personnel.
(2) If not, is this requirement of every vessel operating at night to be overridden by the Department of Fisheries and the Department for Planning and Infrastructure? Hon KIM CHANCE replied: (1)-(2) As of the past few weeks, yes, I can guarantee that Department of Fisheries vessels running at night will be running with full lights. That has not always been the case. It has not been until recently that the Department of Fisheries was fully aware of the legal circumstances. It had made assumptions, let us say, that it was able to carry out covert patrols at night without lights. It seems that those assumptions were not justified. When the Department of Fisheries became aware of that, it issued instructions to all its skippers to not engage in that practice. At the same time it is not an acceptable situation that the Department of Fisheries is unable to carry out covert operations. I personally support moving through the process to find some way to make that practice legally acceptable. Clearly, that will require a change in law. At this stage the Department of Fisheries and the Department for Planning and Infrastructure are working together to determine what changes in the law would be required to enable the practice. If the Department of Fisheries and other agencies, including the Police Service - Hon Bruce Donaldson: And the Australia Customs Service? Hon KIM CHANCE: Yes, customs. The same law applies to all of them, whether it involves commonwealth vessels, state vessels or law enforcement vessels. As a result of this issue coming to a head in the way that it has, those agencies are unable to carry out covert operations. Drug runners, criminals and people breaching fisheries law have been given virtually an open invitation to continue breaching the law at night because those agencies can no longer carry out covert operations. It is therefore very important that we resolve this issue to make sure that we are able to enforce our laws properly, provided that we can convince the relevant authorities that we can run such vessels at night without lights without endangering either that crew or other marine personnel.
Hon KIM CHANCE replied: (1)-(2) As of the past few weeks, yes, I can guarantee that Department of Fisheries vessels running at night will be running with full lights. That has not always been the case. It has not been until recently that the Department of Fisheries was fully aware of the legal circumstances. It had made assumptions, let us say, that it was able to carry out covert patrols at night without lights. It seems that those assumptions were not justified. When the Department of Fisheries became aware of that, it issued instructions to all its skippers to not engage in that practice. At the same time it is not an acceptable situation that the Department of Fisheries is unable to carry out covert operations. I personally support moving through the process to find some way to make that practice legally acceptable. Clearly, that will require a change in law. At this stage the Department of Fisheries and the Department for Planning and Infrastructure are working together to determine what changes in the law would be required to enable the practice. If the Department of Fisheries and other agencies, including the Police Service - Hon Bruce Donaldson: And the Australia Customs Service? Hon KIM CHANCE: Yes, customs. The same law applies to all of them, whether it involves commonwealth vessels, state vessels or law enforcement vessels. As a result of this issue coming to a head in the way that it has, those agencies are unable to carry out covert operations. Drug runners, criminals and people breaching fisheries law have been given virtually an open invitation to continue breaching the law at night because those agencies can no longer carry out covert operations. It is therefore very important that we resolve this issue to make sure that we are able to enforce our laws properly, provided that we can convince the relevant authorities that we can run such vessels at night without lights without endangering either that crew or other marine personnel.
(1)-(2) As of the past few weeks, yes, I can guarantee that Department of Fisheries vessels running at night will be running with full lights. That has not always been the case. It has not been until recently that the Department of Fisheries was fully aware of the legal circumstances. It had made assumptions, let us say, that it was able to carry out covert patrols at night without lights. It seems that those assumptions were not justified. When the Department of Fisheries became aware of that, it issued instructions to all its skippers to not engage in that practice. At the same time it is not an acceptable situation that the Department of Fisheries is unable to carry out covert operations. I personally support moving through the process to find some way to make that practice legally acceptable. Clearly, that will require a change in law. At this stage the Department of Fisheries and the Department for Planning and Infrastructure are working together to determine what changes in the law would be required to enable the practice. If the Department of Fisheries and other agencies, including the Police Service - Hon Bruce Donaldson: And the Australia Customs Service? Hon KIM CHANCE: Yes, customs. The same law applies to all of them, whether it involves commonwealth vessels, state vessels or law enforcement vessels. As a result of this issue coming to a head in the way that it has, those agencies are unable to carry out covert operations. Drug runners, criminals and people breaching fisheries law have been given virtually an open invitation to continue breaching the law at night because those agencies can no longer carry out covert operations. It is therefore very important that we resolve this issue to make sure that we are able to enforce our laws properly, provided that we can convince the relevant authorities that we can run such vessels at night without lights without endangering either that crew or other marine personnel.
Hon Bruce Donaldson: And the Australia Customs Service? Hon KIM CHANCE: Yes, customs. The same law applies to all of them, whether it involves commonwealth vessels, state vessels or law enforcement vessels. As a result of this issue coming to a head in the way that it has, those agencies are unable to carry out covert operations. Drug runners, criminals and people breaching fisheries law have been given virtually an open invitation to continue breaching the law at night because those agencies can no longer carry out covert operations. It is therefore very important that we resolve this issue to make sure that we are able to enforce our laws properly, provided that we can convince the relevant authorities that we can run such vessels at night without lights without endangering either that crew or other marine personnel.
Hon KIM CHANCE: Yes, customs. The same law applies to all of them, whether it involves commonwealth vessels, state vessels or law enforcement vessels. As a result of this issue coming to a head in the way that it has, those agencies are unable to carry out covert operations. Drug runners, criminals and people breaching fisheries law have been given virtually an open invitation to continue breaching the law at night because those agencies can no longer carry out covert operations. It is therefore very important that we resolve this issue to make sure that we are able to enforce our laws properly, provided that we can convince the relevant authorities that we can run such vessels at night without lights without endangering either that crew or other marine personnel.
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