Legislative Assembly for the ACT: 2008 Week 02 Hansard (Thursday, 6 March 2008) . . Page.. 682 ..
In referring back to the scrutiny committee issue regarding justification of a new strict liability offence, new section 392B gives an inspector who has gained entry under a monitoring warrant or a search warrant the power to require reasonable assistance from an occupier or anyone else at the relevant premises. This power is necessary if the inspector is to be able to make an effective investigation. For example, the inspector needs to be able to ask a visitor at the premises to remove their car from the driveway or to leave an area prior to investigation.
For reasons indicated in the revised explanatory statement that I have just tabled, the strict liability offence is justified. Strict liability is necessary to ensure that this relatively minor or regulatory offence can be prosecuted in an effective and efficient manner. It is also important to note that this power and the offence provisions can only apply in the context of investigations authorised by a court order.
Finally, the scrutiny report pointed to a typographical error in the new section 391B which will be corrected when the bill, as enacted, is published on the legislation register.
I would like to close by thanking the scrutiny committee for its detailed consideration of the bill and say that the amendments contained in this bill, together with the new Planning and Development Act, the new territory plan and the regulations, do indeed complete the most far-reaching and significant planning system reform undertaken since self-government. I thank members for their support, however graciously or ungraciously offered during the debate. We now have a simpler, faster and more effective planning system. It will commence on Monday, 31 March this year. I commend the Planning and Development Legislation Amendment Bill 2008 to the Assembly.
Question resolved in the affirmative.
Bill agreed to in principle.
Leave granted to dispense with the detail stage.
Bill agreed to.
Motion by Mr Barr proposed:
That the Assembly do now adjourn.
MRS DUNNE (Ginninderra) (6.52): Last night in the adjournment debate, Ms Porter came in to extol the virtues of school closures and to say that I must be on a different planet from her and it is the case that we must work in parallel universes when we work in our electorates, around Flynn in particular. I did spend a considerable amount