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Legislative Assembly for the ACT: 2000 Week 1 Hansard (16 February) . . Page.. 210 ..


Mr Speaker, the Government argued in the past that these fees could be as high as $1,000, but I think the committee has addressed that quite properly. It would be a nonsense to charge such high fees as the Government chose. I think they were chosen because they were figures over which most employment agents or prospective employment agents might raise concerns, and they had a right to raise concerns because there is quite a difference between what might apply in the ACT and what applies interstate. Mr Speaker, all of those recommendations have been dealt with in the amendments to the Act which I moved a year-and-a-half ago.

Mr Speaker, the first amendment, to clause 4, sets out definitions for employment agents, a model and a performer. This is to include the recommendation of the committee in relation to those matters and so that they would be excluded from the effect of the legislation in line with that which applies in New South Wales.

The recommendation of the committee in relation to annual reports of the board has been satisfied in proposed new clause 8A, which outlines the additional annual report matters which the committee has recommended. The penalty units have been changed throughout the legislation to reflect more modern drafting practice. I am informed that there is now no need to include different penalty regimes for corporations because the Interpretation Act in some way deals with these and they are no longer necessary in the legislation. I accept that advice.

Those other amendments which were circulated much earlier are also included in the legislation to ensure that it is workable, and they make less onerous the application obligations of those who wish to be employment agents. There was a complaint that re-registration would be a difficulty for some organisations. I think these amendments have made it less onerous and merely depend on the ability of one to prove that one is 18 years of age, in the case of a person, and is a fit and proper person to conduct this sort of business. These amendments satisfy all the recommendations which have been made by the various committees in relation to this legislation.

Mr Speaker, the Government advised me today that they do not wish to deal with this matter today. They want us to observe the practice whereby the Government have three months to respond to committee reports. Well, there is one difference with this Bill. It is not a government Bill, it is a private members Bill. I do accept that the Executive, being the body that will have the responsibility of implementing the legislation, needs to look at the report of the committee. Bear in mind that the committee made its report on 7 December, and there is nothing in the report which would require much consideration. Indeed, the Government have already had something like two months and one week to look at this matter. If they had something to say about the recommendations of the committee, then I am sure it would be easy for them to deal with it.

Does the Government agree, for example, with the proposition that there should be different reporting arrangements? Does the Government agree that the annual report of agents should include a list of employment agents? Does the Government agree with the development of a specific employment agents code of conduct? Does the Government agree that the Bill be amended to exempt theatrical and modelling agents? Does the


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