Page 4333 - Week 14 - Tuesday, 7 December 1993
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Mrs Carnell: No, it has been there for ages.
MR CONNOLLY: Exactly right, Mrs Carnell. It has been there probably from about 1931. The law in this area at the moment is the Public Health (Sale of Food and Drugs) Regulations, a hotchpotch piece of legislation drafted in a manner that would give any member, if we were to produce that legislation now, the absolute horrors. It is poorly drafted and difficult to interpret, but replete with undefined terms like "rancid" or "unsound". It is very difficult legislation to interpret, but it is legislation which provides prospective powers. It gives the inspectors powers to act prospectively. That, as an issue of principle, is one that, properly, the Scrutiny of Bills Committee picks up. The purpose of the Scrutiny of Bills Committee is to put up the little red flag, saying that this is something that we should not generally be doing. Indeed, it is something that we should not generally be doing. But this is in one of the most commonly accepted exceptions to that, which is public health.
Mrs Carnell glibly says that it has been there for years. Can Mrs Carnell produce one case, not half a dozen, of this power being abused? Of course she cannot. Can Mrs Carnell produce one industry association which says that this power has been abused in the past? Of course she cannot. What Mrs Carnell and the Liberals - - -
Mrs Carnell: It has not been used at all.
MR CONNOLLY: It is used regularly, Mrs Carnell. It is used daily. It is used here; it is used in Queanbeyan; it is used in Melbourne; it is used in Adelaide. Health inspectors exercise their powers to enter premises, to look at matters and to say, "That is a problem - not at the moment, but the chook is going off".
If you persevere in this little stunt you are going to deprive those health inspectors in this Territory of powers which you acknowledge have been there for a very long time and which you are totally unaware of having been abused. It is all coming out now. You acknowledge that these powers are in place in every other jurisdiction in Australia. Why are you doing this? For a little political stunt, for a little chuckle, as you have had tonight.
Mrs Carnell: That is not true.
MR CONNOLLY: Have you discussed this with industry? Have you said to the AHA or the restaurants association, "Look, we think that we should have significantly weaker powers for health inspectors in the ACT". When it is reported tomorrow that the Liberals have decided that there should be significantly weaker powers for health inspection in the ACT, the public will think, "Does that mean that I am as protected here? Why should I be less protected when I go to eat in a restaurant in Canberra than when I go to eat in a restaurant in Queanbeyan?". Does the AHA think that is a very good idea? Of course not. You have not discussed the matter.
Mr Humphries put out on the weekend a clever little press release saying that the Government will not act on move-on powers, but it is trying to introduce this draconian legislation.
Mr Humphries: That is right.
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