Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .

Legislative Assembly for the ACT: 1999 Week 10 Hansard (12 October) . . Page.. 3020 ..


MR MOORE (continuing):

After proposed new subparagraph 12D (2) (b) (ii), insert the following paragraph:

(iia) to impose conditions relating to the sale of tobacco products to under 18 year olds; or".

Page 21, line 27, after proposed new section 12G, insert the following section:

" '12GA. Exercise of powers by authorised officers who are police officers

The powers conferred by this Part on an authorised officer who is a police officer are additional to the powers the officer may exercise in his or her capacity as a police officer.".

Mr Speaker, these amendments continue the process of looking at price tickets and they impose conditions relating to the sale of tobacco products to under-18-year-olds. Amendment 25 is about the exercise of power by authorised officers who are police officers. I know that on this issue of the exercise of power there will be some amendments coming from Mr Stanhope. We will look at those.

Amendments agreed to.

MR STANHOPE (Leader of the Opposition) (5.39): Mr Speaker, I seek leave to move together amendments Nos 3 to 5 on amendment schedule 1, the blue schedule, circulated in my name.

Leave granted.

MR STANHOPE: I move:

Page 22, line 3, proposed new paragraph 12J (1) (a), omit the paragraph, substitute the following paragraph:

"(a) enter the premises of any retail outlet or wholesale outlet at any time at which tobacco product are available for sale at the outlet;".

Page 22, line 26, after proposed new subsection 12K (2), insert the following subsection:

"(2A) In proceedings for the purposes of this Act, evidence obtained as a result of the entry onto any premises by an authorised officer under paragraph 12J (1) (b) is inadmissible unless an acknowledgment under subsection (2) is produced in evidence.".

Page 23, line 11, proposed new paragraph 12L (1) (f), omit "any person on the premises", substitute "the occupier of the premises, or any person whom the officer has reasonable grounds for believing to be an employee or agent of the occupier (if present in his or her capacity as employee or agent), or otherwise to be concerned in the occupier's business at the premises.".

Mr Speaker, these amendments go to some of the detail of the powers vested in authorised officers in relation to the administration of the legislation. At the conference which the Minister convened today, we had some discussion about the appropriateness of


Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .

ATSI-flags

Acknowledgement of Country

We acknowledge the Ngunnawal people as traditional custodians of the Canberra region. It is also an important meeting place for other Aboriginal peoples. We respect their continuing cultures and value the contribution they make to life in the ACT.