Hansard - ACT Legislative Assembly

Legislative Assembly for the ACT: 1998 Week 10 Hansard (26 November) . . Page.. 3126 ..

Detail Stage

Clauses 1 to 3, by leave, taken together, and agreed to.

Clause 4

MR HUMPHRIES (Attorney-General, Minister for Justice and Community Safety and Minister Assisting the Treasurer) (5.57): Mr Speaker, I move:

Page 2, line 1, paragraphs (c), (d) and (e), omit the paragraphs, substitute the following paragraphs:

"(c) by adding at the end of subsection (2) the following paragraphs:

`(d) the lighting, maintenance or use of a fire in accordance with an exemption permit granted under section 7B; or

(e) the maintenance of a fire declared by the Minister under subsection (3) to be an exempt fire.';

and

(d) by omitting subsection (3) and substituting the following subsection:

`(3) The Minister may, by instrument published in the Gazette, declare a fire to be an exempt fire where -

(a) the fire is maintained for a ceremonial or commemorative purpose;

(b) the fire is less than 1 cubic metre in volume;

(d) reasonable steps have been taken to prevent the escape of flame, sparks or burning or incandescent material from the fire; and

(e) written consent to the maintenance of the fire has been given by -

(i) in the case of a fire in a built-up area - the Fire Commissioner; or