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Legislative Assembly for the ACT: 2003 Week 5 Hansard (6 May) . . Page.. 1567 ..


MR STEFANIAK (continuing):

All in all, there has been a very good effort from all concerned. Whilst it has been a fairly lengthy period of time-it is over two years since I released the discussion paper-the end product seems to be well worth it. There are a few things we will continue to monitor, and a few things yet to be finalised. The opposition will watch those with interest. However, all in all, I believe this is a piece of legislation well worth supporting.

MS DUNDAS (11.36): Mr Speaker, the ACT Democrats support the reforms contained in the Agents Bill. This, alongside the Consumer and Trader Tribunal Bill and the Security Industry Bill, brings a consumer focus to the regulatory bodies who provide services to Canberrans. It creates a strong regulation of real estate, stock and station, business, travel and employment agencies, and I understand it is the first major reform in this area for about 35 years.

Part of the reform is that the Commissioner for Fair Trading becomes a one stop shop for consumer affairs. This makes for a more consumer focused office and will streamline the bureaucracy. Sensible reforms, such as repealing the Auctioneers Act of 1959 and treating auctioneers in the same fashion as real estate agents, will take the duty out of the Magistrates Court, which will free up some time for them to address other matters.

I am pleased to note the stronger enforcement measures to protect clients' moneys held in trust, and regulating the interest to be paid on trust accounts as 70 per cent of the current cash rate. This measure again provides certainty to the consumer and has been a constant issue raised by the Auditor-General.

I acknowledge that this bill focuses on the consumer. However, not addressed in this bill are some of the unethical practices of agents and auctioneers. I have raised these concerns with the department and the Attorney-General and have been assured that they will be addressed as part of the gazumping legislation. I agree that that would be the appropriate place to do this.

As has been said by the Attorney earlier, this bill has been a long time coming, and many people have been consulted throughout the process. The ACT Democrats add their support to the reforms and look forward to a streamlined consumer focused area of fair trading.

MS TUCKER (11.38): This bill is the second stage in reorganisation of the consumer and trader legislation in the ACT. It deals with the registration and licensing of real estate, stock and station, employment, and travel agents, and-very importantly-salespeople in their employ.

Consumers will be able to complain to the Commissioner for Fair Trading, who will be obliged to investigate each complaint. Matters can then be referred to the Consumer and Trader Tribunal, as established earlier this year. Key features the Greens are pleased to support include the imposition of specific standards for agents and salespeople, including qualifications and training, and the fact that consumers can have recourse to the commissioner and the relevant tribunal with consequences, such as disqualification and penalties, imposed upon salespeople and agents.


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