Page 922 - Week 04 - Tuesday, 27 March 1990

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Amendment agreed to.

Clause, as amended, agreed to.

Clauses 27 to 34, by leave, taken together, and agreed to.

Clause 35 (Taking samples)

MR COLLAERY (Attorney-General) (8.59): I move:

Page 12, lines 4 - 19, omit the clause, substitute the following clause:

"Taking Samples

35. An inspector who takes a sample under paragraph 34(c) shall -

(a) ensure that the sample is such as to permit paragraph (c) to be complied with;

(b) give a receipt for the sample to the occupier of the premises from which the sample was taken;

(c) divide the sample into 2 parts as nearly as practicable identical in size and composition to each other and each suitable for the purpose of analysis;

(d) place each of those parts in a separate container and seal each container;

(e) attach to each container a label bearing the signature of the inspector and particulars of the date and time when, and the place at which, the sample was taken; and

(f) give one container to the occupier of the premises.".

A supplementary explanatory memorandum has been circulated in regard to this proposed amendment. I draw it to the attention of members and, unless the members require debate thereon, I will defer to the house.

MRS GRASSBY (9.01): The Opposition supports this proposed amendment. As I pointed out in a speech that was made earlier, which seems months ago, trying to get this Bill into the house to get the opposition to work - - -

Mr Duby: Hear, hear!

MRS GRASSBY: The Government, I am sorry. The Pesticides Act 1989, which was introduced by the Follett Government, provides that the splitting and labelling of samples from occupiers of premises occurs automatically. Professor Whalan recommended a similar provision for the Clinical Waste Bill. I am pleased that the Government has adopted these recommendations, although it would not adopt his recommendation in relation to clause 5.

I sometimes wonder why we bother putting Bills to the committee and asking Professor Whalan when we get advice like that but are not prepared to take it. The Opposition agree to this proposed amendment.


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