Page 1626 - Week 06 - Thursday, 13 August 1992
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some of the powers, in particular the power to grant a fiat, do indeed attach. There could be extraordinary cost and waste in litigation if proceedings were started to enforce a public right by way of a fiat and, at the end of the day, the point turned on whether there was power to grant such a fiat.
This Bill puts the issue beyond doubt and ensures that the ACT Attorney-General may exercise similar powers to those exercised by Attorneys-General in the Commonwealth, the States and the Northern Territory, or indeed that any Minister, for the time being exercising the administration of this Act, could exercise those powers. I note in passing that the Northern Territory has, by legislation, conferred similar powers upon the Northern Territory Attorney-General, even though the Administrator, that is, the Crown representative, appoints the Attorney in that jurisdiction. Madam Speaker, I present the explanatory memorandum for the Bill.
Debate (on motion by Mr Humphries) adjourned.
MILK AUTHORITY (AMENDMENT) BILL (NO. 2) 1992
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (10.46): I present the Milk Authority (Amendment) Bill (No. 2) 1992.
Title read by Clerk.
MR CONNOLLY: I move:
That this Bill be agreed to in principle.
The Government has examined the definition of milk under the Milk Authority Act 1971 and identified the need to amend this definition to take into account changes which have occurred in milk marketing and production. The original definition was developed at a time when whole milk was the principal form of milk consumed. Since then there has been a proliferation of other forms of milk, including modified milks, flavoured milks and low fat milks which are produced by various processing methods including the removal of certain parts of whole milk and the addition of other ingredients.
Under the Milk Authority Act 1971 the Authority's functions are to engage in, regulate and control the supply, sale and distribution of milk in the Territory. The Authority has included a range of milks which compete with whole milk, including skim, modified and flavoured milks, within its responsibilities. The amended definition is designed to clarify the range of milks for which the Authority is responsible and to update the legislation to take account of changes which have occurred. It will also bring the Act more into line with the definitions adopted in other States. I now present the explanatory memorandum for the Bill.
Debate (on motion by Mr Westende) adjourned.
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