Legislative Assembly for the ACT: 2002 Week 14 Hansard (12 December) . . Page.. 4379 ..
MR QUINLAN (continuing):
14 recommendations for legislative reform on hawkers and 12 of the 14 recommendations have been adopted in this bill. The two recommendations that were not adopted were removal of the 180-metre exclusion zone and having a negative licence scheme for mobile hawkers.
The regulation of hawkers through this bill is focused on the appropriate allocation of public space for hawking, taking into account impacts on third parties. The impacts on third parties include public safety, the flow of human and vehicular traffic, access to businesses, access to adequate public amenities, such as toilets and rubbish bins, and the appearance or amenity of community open space.
All hawkers must minimise any impact that they have on third parties. In addition, hawkers that are stationary for longer than half an hour will need a licence. This licence will include permission to stand in a public place and will replace the licence and permit needed under the Hawkers Act 1936. A licence may only be refused if the hawker does not minimise the impact they will have on third parties or they have previously contravened the act or committed offences relating to stolen property under the Crimes Act 1900. This means that under the bill there are no character restrictions, no minimum age requirements, and no limitation to the number of people who may be hired by a hawker, which are restrictions under the current Hawkers Act 1936.
A hawker may not operate within 180 metres of a shop, unless they have a ministerial exemption to this exclusion zone. This exclusion zone is in place under the current Hawkers Act and will continue to ensure that hawkers do not compromise pedestrian safety or parking, particularly near suburban shops which are relatively confined areas and public thoroughfares. The reason for the minister giving an exemption for a hawker to operate within 180 metres of a shop will be determined in a disallowable instrument which must be notified and presented to the Assembly.
The regulation of health, liquor and contraband goods currently undertaken in the Hawkers Act 1936 are not dealt with in this bill and is appropriately left to other legislation, such as the Food Act 2001, the Tobacco Act 1927 and the Liquor Act 1975. The implementation of the recommendations from the national competition policy review has resulted in a bill that provides for greater flexibility, equity and competitiveness for hawkers, but does not disadvantage the public or other shopkeepers.
I commend the bill to the Assembly.
Debate (on motion by Mr Cornwell ) adjourned to the next sitting.
ACTION Authority Amendment Bill 2002
Mr Corbell , pursuant to notice, presented the bill and its explanatory memorandum.
Title read by Clerk.
MR CORBELL (Minister for Education, Youth and Family Services, Minister for Planning and Minister for Industrial Relations) (11.26): I move:
That this bill be agreed to in principle.