Page 2699 - Week 09 - Wednesday, 25 August 1993
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This Bill will put the ACT in a position to reflect attitudes Australia-wide and will also bring the ACT into line with legislation in other States. The ACT will not now be an island and will participate in a Commonwealth-State cost sharing agreement in the event of an outbreak of any of the 12 named exotic animal diseases. Heaven forbid that this should happen; prevention is always better than the cure. There is also some query about clause 53, dealing with self-incrimination. However, after discussing it with the Minister's office this morning we understand that the Government is working on a uniform clause on self-incrimination pertaining to various Acts, and we are prepared and happy to await the outcome of that.
Madam Speaker, I could go into a lot more detail, but the Minister has covered it in his presentation speech. It is good to see that legislation will ensure greater control in dealing with animal diseases, as, after all, so much of our well-being in this country depends on the health of our animals and livestock. Madam Speaker, this is another example of how, through a cooperative approach, we are able to enact sensible legislation. The Opposition will be supporting the Bill.
MS SZUTY (4.35): Madam Speaker, I would like to draw the Assembly's attention to the Scrutiny of Bills Committee's report on this particular matter, report No. 12 of 1993, dated 6 July. We did speak at length in our report about clause 53, saying that the clause in the present Bill appears to impose a heavier burden on the person who may be incriminating himself or herself than is imposed by the usual form. When Professor Whalan was preparing advice for the Scrutiny of Bills Committee on this question he did refer to more usual forms of self-incrimination provisions, such as section 66 of the Trade Measurement Act 1991 and section 69 of the Weapons Act 1991. The report went on to say:
Ignorance of the law may be no excuse, but the present provision does require every person, who is involved with animals to which this Act applies, to know about, and comply precisely with, this unusual form. Furthermore, given the stressful circumstances in which these incidents may occur, even in the unlikely situation that a person may indeed know about the provision, the person may fail to comply with it.
The present form also creates the possibility that there could be a conflict of evidence as to what actually occurred at the time.
Madam Speaker, we have the Minister's assurance that he will be looking at provisions of this kind across a range of Acts. It may not be worth the Assembly's while for the moment to delay the passage of the Bill and to discuss this matter further, but it is worth noting it. Perhaps the Assembly should express to the Minister its desire that that work about self-incrimination provisions across various Acts might be done speedily so that we can resolve the matter for this Bill and other Bills in the future.
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