Page 359 - Week 02 - Tuesday, 20 February 1990
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Mr Kaine: The real ones.
MR DUBY: The real concerns of the members of the carting industry in the ACT. Thirdly, Mr Speaker, existing registered vehicles will be issued with a permit annually to operate in accordance with the terms of their current registration. A permit under clause 28 of the Bill applies to vehicles which are not in accordance with Part II of the Bill dealing with dimensions and design of vehicles.
Vehicles which have high tare weights and which are associated with "no spill, no bill" will be handled individually, with terms and conditions specific to each permit. It is envisaged that this practice would continue for a limited time, which would vary according to such matters as the age of the vehicle. My department will negotiate details of this arrangement with the industry.
For those members of the house who are looking at me open-mouthed wondering what that means in plain English, let me explain that we have not had this legislation in the ACT, and some vehicles which clearly do not comply with the spirit of legislation which exists in other parts of Australia have been imported into the Territory, often at bargain basement prices, and are currently registered. For us to introduce this legislation without giving those proprietors the opportunity to protect their investment would clearly be in breach of the rules of natural justice, and we have given an undertaking that such a case will not occur.
Fourthly, when police enforcement becomes a part of the ACT Government it is my intention that the ACT police should conduct no weights test associated with this legislation. I think this is a very important matter, Mr Speaker. It is a matter of great concern to unionists and concerned ratepayers alike. Weight tests will be carried out by the Pavement Management Section, Department of Urban Services and by it alone. Naturally, the normal police powers relating to traffic regulations and obvious clear cases of blatant breaches of overloads will continue to apply, but the weight tests will be conducted by no-one but departmental inspectors.
The legislation has been developed in consultation with the industry, and this Government will continue to be responsive to legitimate concerns that the industry may have. Officers of my department will maintain a close working relationship with those affected by this legislation in its implementation.
Mr Speaker, later in this debate when we discuss the detail stage Mrs Grassby will be circulating an amendment to clause 38 of the Bill, which would create an offence in relation to the loading of a vehicle in contravention of clause 32 or 33. I foreshadow that the Government will agree to this amendment.
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