Legislative Assembly for the ACT: 2002 Week 14 Hansard (12 December) . . Page.. 4378..
MR QUINLAN (continuing):
either conditionally or unconditionally, if he or she is satisfied that it would not be contrary to the interests of public health. Since the permission and conditions would be based on the Chief Health Officer's professional medical judgment, it is not appropriate that these decisions be disallowable instruments.
Mr Speaker, when the scrutiny of bills committee examined the previous bill, it was noticed that the right to apply for a review of a refusal to permit burial other than in a cemetery was given to the operator rather than the person who would normally ask for permission. The revised bill corrects this error.
One of the recent changes to the Land (Planning and Environment) Act 1991 was to move the definitions from section 4 to the dictionary. This has resulted in a minor change to schedule 1 of the Cemeteries and Crematoria Bill 2002 (No 2) so that the definition of cemetery is inserted into the dictionary instead of section 4.
Recent consultation with Norwood Park and Canberra Cemeteries Trust has revealed that Norwood Park is not required to issue cremation permits and Canberra Cemeteries Trust only uses the burial permits as a formality. One of the revisions to the new bill has been to delete references to burial or cremation permits and replace these references with a requirement to comply with the regulations. This will enable the new ACT Public Cemeteries Board to streamline its paperwork and reflect current practice at Norwood Park.
A further change to the bill, initiated by the Greens, is to make the decision of the minister to appoint the board as the operator of a public cemetery or cremation a disallowable instrument. This will mean that any new appointments or changes to the existing appointments will be brought to the Assembly's notice. The only other changes that have been made to the bill have been made to the wording of the offences so that they comply with the criminal code.
Mr Speaker, I commend the bill to the Assembly.
Debate (on motion by Mr Cornwell ) adjourned to the next sitting.
Hawkers Bill 2002
Mr Quinlan , on behalf of Mr Wood , presented the bill and its explanatory memorandum.
Title read by Clerk.
MR QUINLAN (Treasurer, Minister for Economic Development, Business and Tourism, Minister for Sport, Racing and Gaming and Minister for Police, Emergency Services and Corrections) (11.22): I move:
That this bill be agreed to in principle.
Mr Speaker, I bring to the Assembly the Hawkers Bill 2002. In October 1999, the Department of Urban Services commissioned the Allen Consulting Group to undertake a national competition policy review of the Hawkers Act 1936. The review made