Page 2835 - Week 10 - Wednesday, 14 August 1991

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There is more than one way to skin a cat, Mr Berry, as I am sure you are well aware, and as I am sure many cats can testify. Accordingly, a little bit of lateral thinking has been applied. The wish of the majority of the Assembly is that fluoride levels be reduced to 0.5, to one-half, and it shall be done. I believe that an amendment has been prepared which will satisfy the need of ACTEW to protect their employees from what would be unfortunate prosecution - "strict liability" is the actual phrase - and it turns the tables on Mr Berry. Mr Berry's amendment said that because ACTEW cannot meet the legal requirements we should put off the wish of the Assembly for nine months so that those legal requirements can be met. That is what Mr Berry's eminently sensible amendment, from his point of view, suggested.

As I said, a little bit of lateral thinking has been applied. The proposed amendment that is coming up will, I believe, remove the liability of ACTEW to prosecution for nine months and will give them nine months to meet the wishes of the Assembly, not vice versa; not for the Assembly's wishes to be held off for nine months pending the availability of ACTEW or the relevant government Minister to supply.

Mr Kaine: The net effect is the same, isn't it?

MR DUBY: The net effect is not the same. It means, Mr Kaine, that the wish of the Assembly shall be met and the level of ingestion of fluoride into the ACT population shall be reduced, I think the phrase is, after the commencement of this Act, which I believe is not far off.

Question put:

That the amendment (Dr Kinloch's) be agreed to.

The Assembly voted -

AYES, 9  NOES, 8 

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

Question so resolved in the affirmative.

Clause, as amended, agreed to.

Clause 5 agreed to.


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