A division of the Liberal Party of Australia
FISHING CONVICTIONS REMOVED
12 November, 2008
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North Queensland based Senator and Federal Opposition Spokesman on Northern Australia, Senator Ian Macdonald, said that the removal of criminal convictions from northerners breached for fishing offences was a great victory for fishermen generally and for a long campaign by coalition parliamentarians and the media.
Senator Macdonald also said that the Amendment which he moved in the Senate was a ‘first of its kind’ legislative initiative to remove criminal convictions.
Whilst the Crimes Act provided for “spending” of convictions after a period of ten years, the Amendment moved in the Senate yesterday actually legislatively brought forward the ‘spending’ procedures so that as of Royal Assent to the Bill, convictions will be wiped from the records of those convicted.
“These convictions relate to a period between 1st July 2004 and 14th December 2006 when as well as receiving substantial fines for breaches of new Green Zone Regulations, offenders also had a criminal conviction recorded which impacted on their ability to obtain overseas visas, their employment prospects and in cases increased insurance premiums.”
“The former Government recognised this harsh and unintended consequence of the fishing fines and changed the law in December 2006 to provide for ‘on the spot’ infringement notices which while still providing for substantial fines, did not result in a criminal record.”
“What we wanted to do was to make sure that those breached between 1st July 2004 and 14th December 2006 were treated in the same way as those breached since December 2006.”
“This was an election commitment by the Howard Government prior to the last election which the Labor Party also adopted.”
“I am disappointed that the Labor Party has breached its pre-election promise by voting against the Amendment in the Senate yesterday.”
“But I am delighted that a majority of Senators agreed with my Amendment and legislated to wipe the slate clean so that those people convicted in that period are treated the same as every other conviction since.”
“I want to pay tribute to Senator Ron Boswell, to the recreational and commercial fishing industry and to various newspapers for their support in this long running campaign.”
“We still need the Government to accept the Amendment when the Bill returns to the Lower House, but I am hopeful that given the support in the Senate and the innate fairness of the proposal, that the Government will honour its election promise and allow the Amendment to stand.”