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Legislative Assembly for the ACT: 2009 Week 12 Hansard (15 October) . . Page.. 4528..


MS GALLAGHER (continuing):

is unable to be contacted; therefore a rescission is not appropriate and the agreement is subsequently cancelled. This amendment would provide equitable treatment for those who are not able to rescind their transfers and will allow for transfers of dutiable property to be cancelled, terminated or abandoned. Taxpayers will be required to submit documentation to the ACT Revenue Office so that their transfer documents can be cancelled.

The third of the amendments put forward by the bill amends the provisions in the Duties Act that relate to financial agreements. The amendments extend the current exemption for the transfer of dutiable property under the Domestic Relationships Act 1994. The act will now include financial agreements for parties to a de facto relationship that are made under the Family Law Act. The amendments to the Family Law Act offer de facto couples access to the family law system for the determination of their financial matters arising from a relationship breakdown.

The final amendment made by this bill revises some of the terminology in the motor vehicle provisions in order to clarify the intention of the legislation. The provision also includes a list of vehicles that will pay duty at the lower rate. A regulation-making power has been included in this provision to allow the government to address any unforeseen circumstances that may arise. Amending this provision removes the uncertainty for taxpayers and those administering the legislation. I commend the Duties Amendment Bill 2009 (No 2) to the Assembly.

Debate (on motion by Mr Smyth) adjourned to the next sitting.

Smoking (Prohibition in Enclosed Public Places) Amendment

Bill 2009

Ms Gallagher, pursuant to notice, presented the bill, its explanatory statement and a Human Rights Act compatibility statement.

Title read by Clerk.

MS GALLAGHER (Molonglo—Treasurer, Minister for Health, Minister for Community Services and Minister for Women) (10.16): I move:

That this bill be agreed to in principle.

I am delighted to present today the Smoking (Prohibition in Enclosed Public Places) Amendment Bill 2009. This bill will introduce restrictions on smoking in outdoor eating and drinking areas and at underage functions. The ACT will join Queensland and Tasmania in banning smoking in outdoor dining and drinking areas and Victoria in banning smoking at underage functions.

The Smoking (Prohibition in Enclosed Public Places) Act 2003 is proposed to be renamed the Smoke-Free Public Places Act 2003 to reflect its expanded purpose. Members may recall the first smoke-free legislation, passed in this place in 1994. The Smoke-free Areas (Enclosed Public Places) Act 1994 was introduced by Wayne Berry during the Second Assembly. In 2003, the Assembly strengthened the ACT's


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