Page 4671 - Week 15 - Wednesday, 15 December 1993
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If the health inspector has half a brain he will obtain a warrant. That is the situation we are talking about. The idea of chasing a truckload of chihuahua chow mein down the street is fanciful; it is airy-fairy stuff. It is not going to take place more than once a century. I do not think we need legislation like this for those very isolated circumstances.
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (5.10): Madam Speaker, I do not want to prolong the debate; I just want to correct a matter that Mr Humphries referred to. He said, stirred up by the heat of the debate, that this includes residential premises. The definitions are quite tight. This is a power to enter prescribed premises. Prescribed premises are, under proposed subsection 19YB(4), food premises, and food premises are defined in the head Act as where there is a business of food going on, or premises, which could include residential premises, for the purposes of food for sale, or the records or the appliance; but they are only - - -
Mr Humphries: So it could be residential premises.
MR CONNOLLY: But only residential premises which are used as part of a food business. They are not going to knock on Mr Humphries's door or Ms Szuty's door, one again would expect, given the tight definition of the emergency entry power, and look for the records, that type of material, in the food owner's residential premises, or perhaps the food owner's accountant's residential premises. They would do that with a warrant. This is the emergency power and it is not, Madam Speaker, contrary to Mr Humphries's views, applicable to general dwelling houses of persons who are unconnected with the commercial production of food.
MS SZUTY (5.11): I appreciate members' attempts to change my mind on this issue. I remind my colleague Mr Moore and members of the Opposition that when I spoke to this amendment in the first instance I did refer to the grave seriousness and urgency about the particular occasions when health officers would want to enter premises without a warrant. I reiterate my view on this matter which I placed before the Assembly. I will not be supporting these amendments.
Amendments negatived.
MRS CARNELL (Leader of the Opposition) (5.12), by leave: Madam Speaker, I move:
Page 9 -
Line 19, proposed new subsection 19YI(1), omit "at any time".
Line 21, proposed new paragraph 19YI(1)(a), omit the paragraph, substitute the following paragraph:
"(a) either -
(i) at the expiration of a period of 6 months commencing on the date of the seizure, no proceedings have been commenced in relation to any alleged offence under this Act or the regulations in respect of the thing;
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