Page 906 - Week 06 - Tuesday, 25 July 1989
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appropriate national technical committee on agricultural chemicals which provides a coordinated forum for continued assessment of new and old pesticides. Mr Speaker, I am happy to have been in this chamber and to have played some role in the passing of this legislation.
MR COLLAERY (9.19): Mr Speaker, I wish to make two brief comments. Clearly, the registrar must be enjoined by this Assembly to keep his or her information register up to date with the latest information from overseas in relation to the chemical properties of substances. One presumes that this Government is not going to create this position without ensuring that the person who is to carry out the duties does not have the fullest library and the fullest abilities to ensure that noxious substances and all those other matters are brought quickly to the attention of the ACT public.
Mr Speaker, section 72 of this Bill provides that:
Where a sample of pesticide is taken under section 71, the Territory shall -
that is mandatory -
compensate the owner.
I simply draw attention to that provision and question why, when there is a malefactor, a person with a pesticide that is prescribed, which may have been lawfully brought to the Territory but which is not lawfully here, the Territory is obliged, from public revenue, to compensate the owner of that forbidden substance. Admittedly it may not be known to be forbidden at the time of the taking of the sample. Why are we obliged to give compensation? Should that provision not have been worded to provide that compensation shall be payable upon request?
It would be unlikely that an owner who is likely to face prosecution would be requesting at the same time compensation for the cost of the sample that is going to be tendered in evidence against him. It seems bizarre, Mr Speaker but, given the fact that we have only just noticed that this evening, I will not press for any amendment at this stage.
Questioned resolved in the affirmative.
Bill agreed to in principle.
Detail Stage
Clauses 1 to 18, by leave, taken together, and agreed to.
Clause 19 (Grant)
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