Page 2178 - Week 10 - Thursday, 26 October 1989

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Question put:

That clauses 1 to 4 be agreed to.

The Assembly voted -

AYES, 12  NOES, 5

Mr Berry Mr Humphries
Mr Collaery Mr Kaine
Mr Duby Mrs Nolan
Ms Follett Mr Stefaniak
Mrs Grassby Mr Stevenson
Mr Jensen
Dr Kinloch
Ms Maher
Mr Moore
Mr Prowse
Mr Whalan
Mr Wood

Question so resolved in the affirmative.

Clauses agreed to.

Clause 5 (Insertion)

MS FOLLETT (Treasurer) (4.57): I move:

Page 5, line 12, after proposed new subsection 3B(5) insert the following section:

"Contracts that are not service contracts

3C. A reference in section 3B to a service contract is not to be taken to be a reference to a contract under which a person is supplied with services ancillary to the conveyance of goods by means of a vehicle provided by the person conveying them, unless the Commissioner determines that the contract was entered into with an intention either directly or indirectly of avoiding or evading the payment of tax by any person.".

The purpose of this amendment is quite straightforward. It is to provide an exemption for owner-drivers from the service contract provisions, and that amendment has arisen following discussions with employers, as I outlined just a few moments ago. It is a specific exemption from that provision.

MR KAINE (Leader of the Opposition) (4.58): Mr Speaker, this is a classic example of the Government working off the back foot. As of eight o'clock this morning, the Chief Minister had no intention of putting forward such an amendment or anything like it. It was only after discussions with industry which we forced them into at eight o'clock this morning that this issue, amongst a lot

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