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Legislative Assembly for the ACT: 2010 Week 04 Hansard (Thursday, 25 March 2010) . . Page.. 1590 ..


necessary to perform repairs. The directions power permits a minister responsible for the legislation to set objective standards which give effect to advice, for example from the advisory committee or the Commissioner for Fair Trading, about the way repairs are undertaken. For example, the directions might require a repairer to use specific equipment when undertaking a repair on a specific vehicle; or to only use a person with a particular competency in relation to a particular class of repairs; or to require all workers to have specific competencies—this could include applying safe working practices, or identifying environmental regulations and best practice in a workplace or business.

Directions under this section are disallowable. In addition, if the direction is likely to impose appreciable costs on the community, or a part of the community, they must be the subject of a regulatory impact statement.

I would like to take the opportunity to thank the Standing Committee on Justice and Community Safety for their recent scrutiny of the government amendments. The committee’s sole comment was in relation to this amendment; the committee raised concern over the appropriateness of the power in new clause 22.

The purpose of the power is to ensure that the regulatory scheme established under the bill can operate effectively. Enabling the minister to give directions which deal efficiently with issues that arise during, and that affect, the day-to-day operation of a regulatory scheme can prevent timely and costly disruptions to the regulation of that industry, and to all parties participating in that industry. The power will be exercised by the minister following advice given by the Commissioner for Fair Trading or the new advisory committee, which is proposed to be established by government amendment No 3.

Government amendment No 2 provides further clarification of the original intent of the legislation. It was intended that the cost of disposal of a replaced part be made known to a customer, and that a customer should not pay for disposal when they elect to take the part from the premises.

Government amendment No 3 inserts new part 5A into the bill. The new part establishes an advisory committee to consider the need for additional amendments to legislation regulating the motor vehicle repair industry.

The committee will be tasked with advising the minister about possible amendments to the law, matters affecting consumers, unfair commercial practices affecting repairers, and environmental issues. The committee can also advise the minister about directions under clause 22, amended by government amendment 1, and exercise other functions given under the act.

The committee will include members who are representative of the industry, motor vehicle repairers, including business owners and employees, consumers and the environment. The Commissioner for Fair Trading will chair the committee.

The committee will be required to prepare a report on the impact of the legislation within 12 months of commencement, including an analysis of specified matters,


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