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Legislative Assembly for the ACT: 2008 Week 02 Hansard (Tuesday, 4 March 2008) . . Page.. 454 ..


inspector to seize a computer or server when the information can simply be downloaded or a copy taken. Obviously, to seize a computer or server could effectively stop a business from trading. Instead of requiring the whole piece of equipment to be obtained and seized, the government is proposing through an amendment that if the data is able to be obtained by simply being downloaded without the computer or server being seized, then that is an adequate compliance action and there is no need to seize the actual computer equipment. As foreshadowed, the government will be moving that amendment in the detail stage.

I thank members for their support of this bill, and I look forward to the streamlined opportunities that will arise from its passage for our new single and central Office of Regulatory Services.

Question resolved in the affirmative.

Bill agreed to in principle.

Detail stage

Clauses 1 to 24, by leave, taken together and agreed to.

Clause 25.

MR STEFANIAK (Ginninderra) (5.32): Mr Temporary Deputy Speaker, I have not had much of a chance to talk to the Attorney-General about this clause, but there are some problems. Probably the simplest thing might be to adjourn the debate or perhaps delete this clause and other clauses. Let me just address the clause and, in doing so, address part 5 as a whole.

The people from Telstra saw the Attorney-General yesterday at 1 o’clock, and then they came to see me at 2 o’clock. I have received at some stage today their suggestions for a series of amendments. The fundamental problem in relation to this clause and this part is that they say that, whilst it is okay as far as it goes, there are some problems which do not apply in Victoria or New South Wales or, indeed, federally, because there are exemptions. They say that there are exemptions in the two states in which this type of legislation applies—exemptions to avoid unwarranted consequences. As a result of those exemptions, there are no problems, no issues.

At present with this particular proposed part, unlike Victoria and New South Wales, in the ACT you cannot provide the service during the cooling-off period. We do not have the same exemptions as Victoria and New South Wales, nor do we have the cooling-off provisions they do. In terms of the 10-day cooling-off period, I am advised that that is not actually provided for federally either. The big problem with it is that, for example, in terms of a mobile phone, if Telstra, as the ones handling the problem, cannot renew a contract in that period, you might end up with no mobile phone for 10 days and then you will lose your number, and there are all sorts of problems there.

Telstra state they need exemptions for the cooling-off period and, similarly, also for classified ads. For example, if they had an exemption to provide a service to put an ad


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