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Legislative Assembly for the ACT: 1997 Week 7 Hansard (25 June) . . Page.. 2046 ..

AMBULANCE SERVICE (continuing):

The Motor Traffic Act provides for parking charges. These are determined by the Minister. The most recent determination includes a determination of retrospectivity of approximately one week. For the avoidance of doubt, proposed clause 7 will deem the Act to have allowed for the determination to have retrospective operation. It would therefore operate retrospectively for the period of one whole week.

The Assembly recently passed amendments to the Motor Traffic Act that provided for a road rescue fee. The amendments are contained in Motor Traffic (Amendment) Act (No. 2) 1996. The Bill for this Act was presented as the Motor Traffic (Amendment) Bill (No. 3) 1996. The operative provisions of the amendment were to be commenced on the day fixed by the Minister by notice in the Gazette. When the commencement notice was prepared, it inadvertently referred to the Motor Traffic (Amendment) Act (No. 3) 1996; that is, it commenced the wrong amendment. The notice fixed 1 January 1997 as the commencement date. When this error was discovered, a further notice of commencement was prepared and fixed 21 February 1997 as the commencement day. In the meantime the road rescue fee had been collected with effect from 1 January 1997 and was being collected. The proposed clause 8 addresses this by deeming the amendment to have commenced on 1 January 1997. As it happens, the Government has been advised that the inadvertent commencement of amendment Act No. 3 does not have any untoward consequences.

In 1976 the Roads and Public Places Act 1937 was amended to include provision for permits for placing things in public places. The amendment was particularly aimed at providing for outdoor seating associated with cafes. A permit and a renewal of a permit were to be granted once the fee fixed by regulations had been paid. The regulations to provide for these fees were not made until earlier this year. However, fees had been collected for some considerable time - indeed, probably during the period of the former Labor Government as well. The collection of fees for the permits and renewals has a number of unsatisfactory elements, and it is not possible to provide full details of the fees that have been collected. However, the Government has been advised that in total the fees are substantial. Proposed clause 9 addresses this by validating the collection of fees for permits and renewals. Government amendments 1 and 3 are consequential on amendment 2.

I would like to conclude by making some general comments. In common with every government since self-government, this Government has been very grateful for the assistance of the Standing Committee on Scrutiny of Bills and Subordinate Legislation and for the fact that it provides advice to the Assembly following examination of Bills and subordinate legislation.

Mr Whitecross: You have been happy to slag them off in the past.

MR HUMPHRIES: No, I do not believe that the Government has ever slagged off the Scrutiny of Bills Committee.

Mr Whitecross: You have been falling over yourself producing legal opinions to say that they did not know what they were talking about.

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