Legislative Assembly for the ACT: 1998 Week 11 Hansard (9 December) . . Page.. 3421 ..
MR HUMPHRIES (continuing):
I present a supplementary explanatory memorandum. I have speaking notes to this amendment. I do not think I need to deliver that speech. I simply ask members to refer to it. I seek leave to have my speech incorporated into Hansard.
Document incorporated at Appendix 3.
MR QUINLAN (6.53): I move the following amendment to Mr Humphries' amendment:
Add "and substituting `unless the body or person establishes beyond any reasonable doubt that reasonable precautions were taken and due diligence was exercised to avoid the conduct.' ".
In the practical world outside this place, without there being precautions, you still go to court; there is still a hearing; you still get charged. It is just that you have an out. If the way the law has been applied to date has been inadequate, we should have been looking at the application of it. We should have been looking at the way we were doing it. We should have been looking at the way the cases were prepared against Woolworths if they failed. But if businesses have done all things practicable to avoid the sale of liquor to minors, then I think that should be sufficient defence.
That the amendment (Mr Quinlan's) to Mr Humphries' amendment be agreed to.
The Assembly voted -
AYES, 6 NOES, 7 Mr Berry Ms Carnell Mr Corbell Mr Cornwell Mr Hargreaves Mr Humphries Mr Kaine Mr Moore Mr Quinlan Mr Osborne Ms Tucker Mr Rugendyke Mr SmythQuestion so resolved in the negative.
Amendment (Mr Humphries') agreed to.
Bill, as a whole, as amended, agreed to.
Bill, as amended, agreed to.