Page 361 - Week 02 - Tuesday, 12 February 2013
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their conduct does or does not require a permit. For example, if a group of people decide to go and play an informal game of football at lunchtime there is obviously no need for a permit; however, an organised sporting competition that wants exclusive use of a playing field for a whole day would need one.
Additionally, TAMS is developing guidelines and a web tool that will enable members of the community to assist them in working out whether or not they need a permit for their particular use of the land. Consultation on the underpinning policy and guidelines is well underway and will be available on the commencement of the act, which at this stage we anticipate will be at the beginning of July.
The committee expressed some additional concerns about the availability of the section 39 defence to the strict liability offences created by the bill. Certainly this does apply to all offences created by the bill and I do agree with the committee that this issue should have been discussed in the explanatory statement.
The committee also made the point that the right to enter premises in certain circumstances, in clause 107(1)(f), created a limitation on the right to privacy. This matter should also have been addressed in the explanatory statement, and it is covered in the supplementary explanatory statement. I thank the committee for drawing these matters to the Assembly’s attention and giving me the opportunity to address these issues.
Before concluding, I wish to foreshadow a government amendment to address two drafting errors identified by Parliamentary Counsel’s Office. The amendments are minor and technical in nature and I will be seeking leave of the Assembly to dispense with standing order 182A. The first is an amendment to clause 86(3), where the reference to a public unleased land permit should be a reference to the register. The second amendment is to clause 96(4), which should include a reference to a police officer.
We all use public land every day. Balancing competing pressures on public land is a difficult task that needs a modern and responsive regulatory scheme, one that can effectively manage our public land while ensuring that public land remains accessible and actively utilised by all Canberrans. This legislation will provide that mechanism, and I commend the bill to the Assembly.
Question resolved in the affirmative.
Bill agreed to in principle.
Detail stage
MR RATTENBURY (Molonglo—Minister for Territory and Municipal Services, Minister for Corrections, Minister for Housing, Minister for Aboriginal and Torres Strait Islander Affairs and Minister for Ageing) (10.54): Pursuant to standing order 182A(c) I seek leave to move two amendments to this bill together as they are in response to comments made by the scrutiny committee.
Leave not granted.
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