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Legislative Assembly for the ACT: 1996 Week 14 Hansard (11 December) . . Page.. 4753 ..

MS HORODNY (continuing):

As it stands, the proposed subsection says that if a vehicle is parked partly on residential land and partly on other land, such as a bit of open space next to the residential block or a nature strip, the vehicle is not regarded as being parked on residential land. We believe that this could be used by truck operators as a loophole to get around the rules on parking on residential blocks. We note that the proposed new section 150H attempts to close this loophole by stopping heavy vehicles from parking for more than one hour on land adjoining a residential block, but this will always be difficult to police. We therefore believe that our amendment will be more effective in forcing truck operators to comply with the rules regarding parking on residential land.

MR MOORE (6.18): This is an interesting amendment that has been put up by the Greens. It identifies a quite significant anomaly in the notion that a truck that is only a little bit on residential land will be considered not to be on the land. It is a quite extraordinary notion, and I think this amendment rectifies that problem. One can easily see how this could be used to get around it. Instead of parking your truck on your own lease, you let the bumper bar hang over the footpath and then it cannot be touched. Every truck owner is going to do that. It is an anomaly that I am sure was not intended - I can understand the good intention that was behind it - but it is an anomaly that does need to be corrected, and I think it is a very sensible amendment.

MR DE DOMENICO (Minister for Urban Services) (6.19): I think Ms Horodny answered her own question when she said that proposed section 150H attempts to do this, but she thought it would be better done in her way. The Government disagrees with Ms Horodny, and we will not be supporting her amendment.

MR WHITECROSS (Leader of the Opposition) (6.19): The Opposition will be supporting the Government on this occasion.

Question put:

That the amendment (Ms Horodny's) be agreed to.

The Assembly voted -

AYES, 4	 		NOES, 13

Ms Horodny	Mr Berry	Mr Kaine
Mr Moore	Mrs Carnell	Ms McRae
Mr Osborne	Mr Cornwell	Ms Reilly
Ms Tucker	Mr De Domenico	Mr Stefaniak
		Ms Follett	Mr Whitecross
		Mr Hird		Mr Wood
		Mr Humphries

Question so resolved in the negative.

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