Page 909 - Week 06 - Tuesday, 25 July 1989

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MR COLLAERY (9.29): Mr Speaker, the Rally believes it is completely open-minded on whether the registrar should be a 'he' or a 'she' and I assume that was a slip by the Deputy Chief Minister.

The Rally takes the view that the concerns raised by Mr Humphries exemplify the need for a legal and constitutional screening of Bills before they come before this Assembly. The concerns that Mr Humphries raises, in the Rally's view, are correct. The Administrative Review Council of this country has said, time and time again in recent years, that broad discretions must be - - -

Debate interrupted.

ADJOURNMENT

MR SPEAKER: Order! It being 9.30 pm, I propose the question:

  That the Assembly do now adjourn.

Mr Whalan: I require that the question be put forthwith without debate.

Question resolved in the negative.

PESTICIDES BILL 1989

Debate resumed.

MR COLLAERY: The Deputy Chief Minister has indicated that the Government opposes the amendments principally because of the importance of the provisions and presumably because of the importance of ensuring, as my colleague Mr Moore has pointed out, that someone who has been convicted and dealt with under similar legislation interstate cannot simply come here and set up shop. We saw that occur with 'Fluffy Harry', or whatever his name was, and the asbestos activity.

Mr Speaker, the Rally endorses what Mr Humphries has said but, given the importance of the legislation and the undesirability of leaving a gap in the law in that crucial area, will oppose that amendment. However, it points out again to the Government and to this Assembly, with respect, the need for legal pre-screening of these Bills and the need for the draftsmen of these Bills to have due regard for the recommendations of the Administrative Review Council and the other body in the other house in terms of the granting of untrammelled discretions to discretionary holders, particularly single public servants.


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