Page 1711 - Week 07 - Tuesday, 21 August 2007
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MR CORBELL: I move amendments 1 to 4 circulated in my name together and table a supplementary explanatory statement relating to the amendments [see schedule 1 at page 1810].
I will speak to all four amendments. Clause 1.35 of the Justice and Community Safety Legislation Amendment Bill 2007 removes example 2 from section 12 of the Powers of Attorney Act 2006. Example 2, as it is currently drafted, is inconsistent with another section of the Powers of Attorney Act 2006. However, it has become apparent that it is more appropriate to replace the inconsistent example with a consistent example, rather than removing it altogether. Government amendment 1 will ensure that guidance continues to be provided on the types of health care matters, which a power of attorney may deal with.
Amendment 2 is a consequential amendment complementing government amendment 1. A temporary modification to the Powers of Attorney Act 2006 to replace example 2 in section 12 was achieved by section 4 of the Powers of Attorney Regulation 2007, (No 2). Government amendment 1 makes this temporary modification obsolete. Accordingly, this amendment removes the temporary modification made by the Powers of Attorney Regulation 2007 (No 2) to the Act.
In relation to amendment 3, clause 1.51 of the Justice and Community Safety Legislation Amendment Bill 2007 inserts a new section 206(1) (d) into the Utilities Act 2000. The new section empowers the Essential Services Consumer Council, the ESCC, to make a decision under division 12.3 of the Utilities Act 2000 in relation to a capital contribution charge imposed by a utility which the ESCC is satisfied is excessive. However, it was always intended that the ESCC would only have jurisdiction to issue a direction to reduce the capital contribution charge if the charge was of an amount of not more than $10,000. Accordingly, government amendment 3 clarifies that the ESCC can only make a decision in relation to complaints about an excessive capital contribution charge that is of an amount of not more than $10,000.
Finally, in relation to amendment 4, clause 1.53 of the Justice and Community Safety Legislation Amendment Bill, inserts a new section 209A in the Utilities Act 2000. The new section empowers the ESCC, if satisfied that a capital contribution charge of any amount imposed by a utility is excessive, to give a utility a written direction to reduce the charge to an amount stated in the direction. Again, as it was always only ever intended that the ESCC would have jurisdiction in relation to capital charges of not more than $10,000, the government amendment clarifies the jurisdiction of the ESCC to only issue a direction to reduce the charge where a charge is of an amount of not more than $10,000. I commend the amendments to the Assembly.
Amendments agreed to.
Bill, as a whole, as amended, agreed to.
Bill, as amended, agreed to.
Sitting suspended from 12.27 to 2.30 pm.
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