Page 196 - Week 01 - Thursday, 16 February 2006
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MR HARGREAVES (Brindabella—Minister for Disability, Housing and Community Services, Minister for Urban Services and Minister for Police and Emergency Services) (11.00): I move:
That this bill be agreed to in principle.
This bill is necessary to ensure a legal basis for fees that have been collected with respect to the sale of dogs from the Domestic Animal Services Pound between 21 June 2001 and 8 February this year. Regrettably, technical defects have meant that a series of instruments made since the commencement of the Domestic Animals Act in 2001, which determine the fee for the sale of a dog from the pound, have not been legally effective.
Last year the legal affairs committee drew my attention to the possibility that the fee for the sale of dogs from the pound was invalid. The department sought advice from the Government Solicitor’s Office, who agreed that this fee was invalid. In the light of advice from the Government Solicitor’s Office, I made a new fee determination that was notified on 8 February 2006, and effective from 9 February 2006. However, it remains necessary to validate those fees charged for the sale of dogs from the pound prior to 9 February 2006, which is the purpose of this bill.
While it is regrettable to have to legislate to remedy a technical defect of this kind, members will appreciate that it is not the first time the ACT Legislative Assembly has been asked to do so. Of course, every effort should be made to avoid these problems in future. However, the approach that has been taken is that people have received a dog from the pound in return for paying the fee and that, notwithstanding a technical defect concerning the determination of the fee payable for that dog, the fee should continue to be payable. I commend this bill to the Assembly.
Debate (on motion by Mr Mulcahy) adjourned to the next sitting.
Road Transport (Alcohol and Drugs) Amendment Bill 2006
Mr Hargreaves, pursuant to notice, presented the bill, its explanatory statement and a Human Rights Act compatibility statement.
Title read by Clerk.
MR HARGREAVES (Brindabella—Minister for Disability, Housing and Community Services, Minister for Urban Services and Minister for Police and Emergency Services) (11.03): Mr Speaker, I move:
That this bill be agreed to in principle.
This bill amends the Road Transport (Alcohol and Drugs) Act to clarify the operation of the act with respect to the compulsory blood sampling of people at hospital following a road accident and amends the procedures for analysing blood and other body samples taken under the act. Section 15AA of the act currently requires doctors and nurses to take a blood sample from a person attending hospital if the doctor or nurse has reasonable
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