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Legislative Assembly for the ACT: 1997 Week 9 Hansard (3 September) . . Page.. 2810 ..

MR CORBELL (continuing):

Mr Speaker, this amendment deals with the issue of mutual recognition. It deals with the issue of when a ban on battery cages can come into effect. This, I believe, is the crucial amendment. The Labor Party is not prepared to support these Bills unless this amendment is accepted, because we cannot have a situation where the production of eggs in battery cages is banned in the ACT but the sale of those eggs is not - specifically, eggs brought in from other States and Territories of Australia. That would make the proposal being put forward by the Greens completely unworkable and it would also discriminate unfairly against the existing producer in the ACT. For that reason, we are putting forward this amendment. The amendment also specifies whether or not adherence to a code of practice for the care of animals as a defence under the Animal Welfare Act is excluded in relation to battery cage farming. What this clause also says is that, once the ban on the production and sale of battery eggs in the ACT is in effect, you cannot claim adherence to a code of practice in relation to the keeping of hens in cages as a defence under the Animal Welfare Act - two very important amendments.

Mr Speaker, the Labor Party believes that this gives certainty to the producer. We understand that the transition from battery cage production cannot take place overnight and that there will be a significant period of time before the ban comes into effect. The first step is for the Government of the Territory to negotiate at ministerial council level to seek an exemption under the Mutual Recognition Act. That does not mean just the agreement of the Commonwealth; that does not mean just the agreement of the majority of States and the Commonwealth; it means the agreement of every government in every State and Territory in Australia and the Commonwealth. It means all of them. I think that is appropriate when you consider that we have entered into arrangements under the Mutual Recognition Act. We are a signatory to agreements under that Act, and we should work within the provisions that we have agreed to in that Act. That is why we put forward these proposals today.

We believe that this approach gives certainty. We believe that the producer is satisfied with the Labor Party's approach. We believe that the producer understands why the Labor Party is doing it this way and appreciates the concern, which we have signalled in this approach, for the security of its operation and for the job security of the workers at that site. That is the primary reason for this - the security of those workers. We take those concerns seriously and we attempt to deal with them in a serious way. We do not just stonewall on the issue. We say that there are various concerns that have to be met in our community - concerns by people in our community about the system of battery egg production and concerns by the people who work in the battery egg production facility here in the ACT about the security of their jobs. We seek to balance them. That is the purpose of the amendment.

MRS CARNELL (Chief Minister) (12.20): Mr Speaker, a couple of speakers have said already that, under this amendment, what would be required would be for the ACT to request from all other States and Territories an exemption for eggs here in the ACT not to be treated under mutual recognition. That would, of course, exclude New South Wales eggs produced under a different system from being sold in the ACT if the whole process went ahead. I just want to bring to the attention of members of the Assembly, and particularly those opposite, as they are in the same party as the party in government in

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