Page 102 - Week 01 - Tuesday, 7 December 2004

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bill to take effect on the day after its notification. It is intended to notify the legislation on 10 December 2004.

Clauses 4 and 5 of the bill contain the essence of the changes to the act. The new sections 171(2) and (3) expressly state that a compulsory third party motor vehicle insurance policy is inapplicable with respect to vehicles in a declared area at the relevant time. The existing provisions are silent on the issue, and while they were considered to be effective in the past, the government considers it is appropriate to clarify the position and to remove any doubt. I commend the bill to the Assembly.

Debate (on motion by Mr Mulcahy) adjourned to the next sitting.

Territory Owned Corporations Amendment Bill 2004 (No 2)

Mr Quinlan, by leave, presented the bill, its explanatory statement and a Human Rights Act compatibility statement.

Title read by Clerk.

MR QUINLAN (Molonglo—Treasurer and Minister for Economic Development) (4.59): I move:

That this bill be agreed to in principle.

Today I am tabling the Territory Owned Corporations Amendment Bill 2004 to convert the company named as Rhodium Asset Solutions Limited into a territory owned corporation. This bill is consistent with a resolution passed in the Legislative Assembly on 5 August 2004 agreeing to the transfer of the fleet business of Totalcare Industries Ltd to a new territory owned corporation.

This government has a commitment to improving the implementation of its programs. This is reflected in the initiatives undertaken by the first Stanhope government to restructure the activities undertaken by Totalcare Industries Ltd, some of which provide essential services to the ACT community. As part of the restructuring of Totalcare, all of the business undertaking of Totalcare, with the exception of the fleet business, was successfully transferred back to the ACT government agencies by 1 April 2004.

As I previously advised the Legislative Assembly on 3 August 2004, the fleet business cannot be transferred into a government agency. This is because legal advice indicates that it is not possible for the territory to become both lessor and the employer under particular novated leasing arrangements. It is for this reason that the government has determined that the fleet business should be transferred to a new territory owned corporation. To bring this into effect it is necessary to enact some consequential changes to the Territory Owned Corporations Act.

Although Totalcare will need to continue as a legal entity after the transfer until all outstanding claims have been resolved, it will not be involved in any trading activities. The bill therefore includes the removal of Totalcare Industries from Schedule 1 of the Territory Owned Corporations Act of 1990. I present and commend the Territory Owned Corporations Amendment Bill 2004 (No 2) to the house.

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