Page 3228 - Week 11 - Thursday, 12 September 1991
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Members will also note that the compliance provisions of this Bill are augmented by a range of updated penalties, which will act as a realistic deterrent, and suitable penalties for breaches of the scheme. For example, the maximum fines for short measure offences will be increased from the present $40 to $20,000. I commend the Bill to the Assembly and I present the explanatory memorandum for the Bill.
Debate (on motion by Mr Jensen) adjourned.
TRADE MEASUREMENT (ADMINISTRATION) BILL 1991
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (11.08): I present the Trade Measurement (Administration) Bill 1991. I move:
That this Bill be agreed to in principle.
The Trade Measurement (Administration) Bill, which comes before you today, is the second part of a package of legislation to be presented to the Assembly today. The role of this Bill in particular is to provide a framework for the administration of the uniform trade measurement legislation.
Under the agreement, each State and Territory is required to adopt an administration Bill so that the Trade Measurement Acts will be administered uniformly throughout Australia. Each jurisdiction is permitted, however, to tailor its administration Act to suit its existing procedural arrangements. To this end, the Bill provides for the appointment of a superintendent of trade measurement. He or she will appoint inspectors to carry out the functions of the administering authority and the licensing authority set up under the Trade Measurement Act. Provision is also made for the determination of fees for services performed by inspectors.
Compliance with the new legislation is expected to be enhanced by the inclusion of on-the-spot fines. The Minister, by regulation, will be able to declare which offences under the Act should be dealt with in this way. On-the-spot fines are a practical alternative for those minor offences which do not warrant the costly business of prosecution.
Traders' rights are protected in that the amount of the fine can be no greater than the maximum penalty applicable if the offence was proven in a court of law. I note that no conviction is recorded if the fine is paid within 28 days and that a prosecution can be brought only if the trader fails to pay the fine.
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