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Legislative Assembly for the ACT: 2010 Week 04 Hansard (Tuesday, 23 March 2010) . . Page.. 1233 ..

Director of Public Prosecutions would refuse to prosecute if the director considered that the issuing of a section 24C direction was in some way defective.

The bill also removes one aspect of the regulation making-power in section 112 of the act. Subsection 112(4) previously provided a backdoor way, through regulation, of making a non-mandatory code of practice without the need to publish the existence of the code. The government considers that the appropriate mechanism for making codes, be they approved codes or mandatory codes, is to follow the processes set out in section 22 or new section 23 of the act. Hence, this aspect of the regulation-making power, and this aspect alone, should be removed.

The bill does not remove the ability to deal with animal welfare issues through the making of specific regulations addressing those issues. Regulations continue to provide a means of adapting aspects of current non-mandatory codes into enforceable offence provisions, as the government has done in relation to poultry welfare. This new regulation will act as a de facto mandatory code of practice for the management of commercial poultry farms in the ACT.

The government is working with other jurisdictions on additional key elements of the Australian animal welfare strategy as agreed by the Primary Industries Ministerial Council. Those elements, particularly in relation to cross-recognition and enforcement of court orders, are currently being worked on at the national level and may require further amendment to the Animal Welfare Act.

I do not anticipate that these cross-jurisdictional issues will be resolved before the latter half of this year at the earliest. Nevertheless, Madam Deputy Speaker, this bill is the first step to be taken to bring about a nationally consistent implementation in animal welfare regulation and I thank members very much for their contribution and for their support.

Question resolved in the affirmative.

Bill agreed to in principle.

Leave granted to dispense with the detail stage.

Bill agreed to.

Personal Property Securities Bill 2010

Debate resumed from 11 February 2010, on motion by Mr Corbell:

That this bill be agreed to in principle.

MR RATTENBURY (Molonglo) (12.06): Mrs Dunne has agreed that I can take the call, and I thank her for that. I just want to speak briefly about this legislation. The Greens will be supporting this bill. The bill represents the ACT’s contribution towards a national reform aimed at reducing the cost of doing business in Australia.

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