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Legislative Assembly for the ACT: 2004 Week 02 Hansard (Thursday, 4 March 2004) . . Page.. 777 ..

absolute liability component in these offences as they apply to the requirement to comply with the safety duty.

MS DUNDAS (4.47): The Democrats will not be supporting the changes put forward by the opposition. I think the arguments have already been put forward about the need to have the absolute liability clause applying to people if they are required to comply with the safety duty. Changing that to a strict liability offence does allow some loopholes. If a person is required to comply then they should comply, especially when failure to comply could cause death or serious harm. As has been said, duty of care and safety need to be considered here. The Democrats will not be supporting these amendments.

Question resolved in the negative.

Clause 42 agreed to.

Clause 43.

MS GALLAGHER (Minister for Education, Youth and Family Services, Minister for Women and Minister for Industrial Relations) (4.49): I move amendment No 5 circulated in my name [see schedule 1 at page 816].

This amendment inserts the words “to a substantial risk of” in clauses 43 (1) (d) (i) and (ii). This corrects an inadvertent omission of these words and makes the provision consistent with similar provisions in clause 45 (1) (d) (i) and (ii).

Amendment agreed to.

MR PRATT (4.49): Mr Speaker, I move amendment No 2 circulated in my name [see schedule 2 at page 816].

I refer to my previous speech on amendment No 1 regarding the replacement of “absolute liability” with “strict liability”.

MS GALLAGHER (Minister for Education, Youth and Family Services, Minister for Women and Minister for Industrial Relations) (4.50): The government will be opposing Mr Pratt’s amendments Nos 2 to 5. They deal with the matter I spoke on under amendment No 1.

Amendment negatived.

Clause 43, as amended, agreed to.

Clause 44.

MR PRATT (4.51): Mr Speaker, I move amendment No 3 circulated in my name [see schedule 2 at page 816].

I refer again to my previous speech on amendment No 1 regarding the replacement of “absolute liability” with “strict liability”.

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