Page 3594 - Week 11 - Thursday, 22 September 2005
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Clause 79, as amended, agreed to.
Clause 80.
MR STANHOPE (Ginninderra—Chief Minister, Attorney-General, Minister for the Environment and Minister for Arts, Heritage and Indigenous Affairs, and Acting Minister for Education and Training) (5.02): I seek leave to move amendments Nos 28 and 29 circulated in my name together.
Leave granted.
MR STANHOPE: I move amendments Nos 28 and 29 circulated in my name [see schedule 3 at page 3619]. The rationale for these amendments is the same as for previous amendments. I will not speak again.
Amendments agreed to.
Clause 80, as amended, agreed to.
Clause 81.
MR STANHOPE (Ginninderra—Chief Minister, Attorney-General, Minister for the Environment and Minister for Arts, Heritage and Indigenous Affairs, and Acting Minister for Education and Training) (5.03): I move amendment No 30 circulated in my name [see schedule 3 at page 3619].
Amendment agreed to.
Clause 81, as amended, agreed to.
Clauses 82 to 89, by leave, taken together and agreed to.
Clause 90.
MRS DUNNE (Ginninderra) (5.04): I move amendment No 9 circulated in my name [see schedule 2 at page 3618].
This amendment removes clause 90 (6). Section 90 relates to the power to seize things. It is an interesting notion of itself, and part of me actually wonders why we need to have this sort of provision in this piece of legislation. I know that, for the most part, all these enforcement provisions are template enforcement provisions that appear in a whole range of acts. Subclause (6) makes any breach against clause 90 a strict liability offence with a maximum penalty of 50 penalty units.
In my crusade against strict liability offences, I propose to remove this. I think it is an unwarranted infringement. It probably will be a very little used part of the legislation, but I am very uncomfortable about the existence of strict liability offences in these provisions and I propose to remove it. I do not expect support.
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