Page 514 - Week 04 - Wednesday, 28 June 1989

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I would perceive that this is the situation which is likely to arise again and again in the future. I would just reiterate that the Government is committed to consultation with all the groups in the Assembly, so that when we have legislation coming forward it is our commitment to ensure that appropriate briefing in relation to the legislation is made available.

Clause agreed to.

Clauses 6 to 22, by leave, taken together, and agreed to.

Clause 23 (Picking of plants).

MRS GRASSBY (Minister for Housing and Urban Services) (4.06): Mr Speaker, I move an amendment to the clause. It has been circulated. Clause 23 of the Bill amends section 42 of the Act. This prohibits the picking of a plant which has special protection status, is restricted plant wildlife, or is wildlife growing on unleased ground, unless a person has a permit or a licence.

Mr Speaker, Mr Humphries and Mr Moore have raised some concerns about the level of the penalty proposed in clause 23 of the Bill. The concern relates to the gravity of the penalty which might be imposed on an ordinary member of the public who picks a plant and who does not have a particular protection status.

It was considered that a distinction should be made between a person trading in plants, not having special protection status, and other persons, that is, the general public. The Government has responded positively to these concerns which are addressed in the amendment to clause 23. I move:

Page 8, line 12, omit paragraph (b) of the penalty, substitute the following paragraphs:

"(b) if the plant does not have special protection status but the court finds that the defendant intended to sell it - $5,000 or imprisonment for 2 years, or both;

MR HUMPHRIES (4.08): Mr Speaker, I thank the Minister for taking on board the amendments that were urged on her by the Liberal Party, and apparently by the Residents Rally - or the Residents Rally party, as I understand it is now being called. Mr Speaker, I was grateful to receive a briefing from the Minister's officers on this question earlier today. It was a useful experience. The view was expressed to me by one of those officers that this should happen again in other respects, and I welcome that suggestion.

But I think it should be noted in Hansard that that was the first opportunity I had to consult any officers in the department on any legislation currently before the house.

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