Page 5623 - Week 17 - Thursday, 5 December 1991
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The fact is that these provisions can be misused, Mr Wood. I hope people know what this amendment says. It gives and takes away. Take for example a person who desperately wants a controlled activity approved; they want to have a business approved at their home. As if they are not going to sign anything at the door to consent to let the Government come in - - -
Mr Berry: This falls into the category of being tedious and repetitious, I think.
MR COLLAERY: Mr Deputy Speaker, Mr Berry is interjecting, saying "tedious repetition". This amendment was given to us at the close of business yesterday and I have not addressed it yet.
MR DEPUTY SPEAKER: If you address it, as amended, Mr Collaery, that is fine. We have heard all about Rocky Knoll.
MR COLLAERY: There is no tedious repetition. I challenge Mr Berry to spell both of those words.
The fact is that this provision says that an occupier can consent. You have an occupier in a weak position. He wants a concession from the Government and is hardly in a position, at that stage, not to sign a consent. It is not expressed in this section whether the consent relates to a time or whether it is a consent at large.
I suggest that, as with clause 50 of the Bill that was passed yesterday - we did not pass it; we opposed it - in no time there will be a successful legal challenge to this nonsense. I expect that, if the provisions are passed, they will be challenged because they do not state a time. Those familiar with the law of search and seizure know that you cannot require those consents at large these days.
It does not say when and for what the occupier is to consent. It says:
... the authorised person shall ask the occupier to sign a written acknowledgment -
(a) that the occupier has been informed that he or she may refuse to so consent;
(b) that the occupier has consented; and
(c) of the day on which, and the time at which, the occupier consented.
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