Page 4672 - Week 15 - Wednesday, 15 December 1993
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(ii) if such proceedings were commenced within that period - the charge has been withdrawn or the proceedings (including any appeal in relation to those proceedings) have otherwise been determined with no conviction being recorded; or
(iii) the Minister becomes satisfied that no contravention of this Act or the regulations has been committed in respect of the thing; and".
Madam Speaker, these amendments are to ensure that any items seized by a health inspector, by ACT Health, will be returned immediately to the person they have been seized from if no charges are laid, or if the prosecution fails, or if the charges are withdrawn. Currently the Bill does not require goods to be returned immediately. It could be necessary for somebody who has had goods seized - a sausage machine, or all sorts of things - to go to appeal to get their goods and machinery or whatever back. That obviously is not what was meant by the Bill. I understand that the Government may even support this amendment. Certainly as of last week they did.
MR BERRY (Minister for Health, Minister for Industrial Relations and Minister for Sport) (5.13): This is in relation to paragraph 19YI(1)(a). Madam Speaker, according to my advice, this paragraph was designed to provide the Minister with a quick and efficient way of returning food to the owner before it has lost its commercial value. Where a mistake is made it would be cheaper for the Government to return the goods quickly rather than to pay increased compensation as the food deteriorates. The New South Wales Act, according to my advice, gives this discretion to the Director-General of Health. In the ACT context that would be the Secretary of Health, I suppose. The current law is silent as to who owns seized property. The new law makes it quite specific and provides safeguards against their use. Madam Speaker, I do not know where Mrs Carnell got the idea that - - -
Mrs Carnell: Because you told me.
MR BERRY: I think you might be making that up. Are you? Madam Speaker, as to the first of these amendments, this is an efficient measure as far as the Government is concerned. The Act will not collapse as a result of the changes; but from my point of view, Madam Speaker, the Bill as it stands provides a sensible measure for dealing with the problem. That which is proposed by Mrs Carnell, whilst it will not undo the entire legislation - it will not change the world very much - will make it less efficient.
Amendments agreed to.
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