Page 1056 - Week 04 - Wednesday, 20 March 1991

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CONSUMER AFFAIRS (AMENDMENT) BILL 1991

Debate resumed from 13 March 1991, on motion by Mr Connolly:

That this Bill be agreed to in principle.

MR HUMPHRIES (Minister for Health, Education and the Arts) (11.09): Mr Speaker, the Opposition have brought forward a number of Bills in the last few weeks which reflect matters which, I think, it can be said are shared priorities as between the Government and the Opposition. The legislation just introduced, I think, would fall into that category, and the legislation we are now considering, the Consumer Affairs (Amendment) Bill, also touches on a matter of concern to the Government, and obviously to the Opposition, namely, the inadequacies of the present ACT law with respect to what are commonly called use-by dates.

Mr Speaker, to share that concern is one thing; to actually achieve some solution to the problems that the ACT faces is quite another. I have to say that, as far as the Government is concerned, the concerns that we face in the Territory are not met by this Bill. I can indicate that the Government will not be supporting the Bill. The Government does have its own legislation in this area being presently drafted. The legislation will deal with the problems that are being faced by both sides of the house in a more comprehensive fashion than is evident in this Bill.

Mrs Grassby: A snail moves faster.

MR HUMPHRIES: For the benefit of Mrs Grassby, I am happy to explain why we have some concerns with this Bill. Mr Speaker, this Bill apparently is taken fairly liberally from the New South Wales Fair Trading Act of 1987. Section 38(2) of that Act and the provisions of this Bill are very similar and I can only assume that there was some borrowing from the New South Wales Act.

Mr Connolly: We said that in the introduction stage.

MR HUMPHRIES: Indeed, and that is acknowledged by the Opposition. Mr Speaker, the problem is that New South Wales, on my instructions, is not the best jurisdiction from which to be borrowing in these circumstances. There are better examples. In particular, there are examples which are more up to date with the developments in food law which are going on across the country.

Members may be aware, from previous discussions on this matter, that in 1980 a comprehensive model food Act was initiated in, I think, Adelaide at a conference chaired by the Commonwealth. That was set up as the basis on which then States, now States and Territories, would move to make uniform laws in Australia with respect to food labelling, food packaging and food standards.


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