Legislative Assembly for the ACT: 2011 Week 12 Hansard (27 October) . . Page.. 5127..
Section 36 of the Fair Trading (Australian Consumer Law) Act 1992 provides that the commissioner's functions may be carried out by the commissioner or a person authorised in writing by the commissioner; for example, investigators.
Taken together, sections 33 and 36 may unintentionally narrow the scope of the investigatory power that the commissioner and investigators have under fair trading legislation. It is, therefore, necessary to amend section 33(1) of the Fair Trading (Australian Consumer Law) Act 1992 to clarify the powers of the commissioner and investigators to investigate compliance with the fair trading legislation generally to ensure that the legislation operates as intended.
The Justice and Community Safety Legislation Amendment Bill 2011 (No 3) also amends the Road Transport (General) Act 1999 to reflect recent changes to the administrative arrangements. The amendment relates to the implementation of Hawke review recommendations, in particular changes to transport regulation which meant that the Transport Regulation Branch, which was formerly within the Territory and Municipal Services Directorate, is now in the Justice and Community Safety Directorate. Because of this change the JACS Directorate now has responsibility for the bulk of the road transport legislation. However, some of the functions remain with Territory and Municipal Services, such as the management of the ACT's road assets and traffic management.
In order to clarify which directorate has responsibility for each section of the road transport legislation the bill amends section 16 of the Road Transport (General) Act 1999 to enable the directors-general of the JACS Directorate and the TAMS Directorate to exercise their respective powers under the act.
JACS bills are necessary to ensure that legislation continues to give effect to the policy decisions that led to the enactment of the territory's laws. They allow the government to respond to community and stakeholder concerns, delivering on the government's commitment to recognise and support changing needs and attitudes in the territory. The bill I have presented today is no exception. It introduces amendments to the statute book that are minor and uncontroversial in nature, including matters that are not changes in policy. The bill presents an opportunity for this Assembly to continue to ensure, in a timely fashion, that the territory's laws operate with minimal confusion and uncertainty and to address current challenges and issues.
I commend the bill to the Assembly.
Debate (on motion by Mrs Dunne) adjourned to the next sitting.
Education, Training and Youth Affairs—Standing Committee
MRS DUNNE (Ginninderra) (10.51): I move:
That this Assembly:
(1) notes that: