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Legislative Assembly for the ACT: 1999 Week 1 Hansard (2 February) . . Page.. 92 ..

MR SMYTH (continuing):

As I stated in presenting the Milk Authority (Amendment) Bill (No. 2) 1998 to this Assembly, the amendments were not an overhaul of the Milk Authority Act nor did it seek to privatise the Milk Authority. It was intended to put into effect those changes that the Government needed to do to maintain the regulatory framework and to protect the Milk Authority from TPA action.

Further, it was not a case of simply seeking a further short-term exemption under the TPA but putting into place a permanent solution to the TPA problem. This necessitated transferring the regulatory functions to Government administration and retaining the role of the Milk Authority as a commercial entity. However, the role of the Authority would be reduced not by design but by necessity.

Mr Speaker, the requirement for this legislative change has not changed, therefore the Government is re-introducing the same legislation in the form of the Milk Authority (Amendment) Bill 1999.

There is one change under this Bill which retrospectively commences the Bill from 31 December 1998 when regulation was effectively ceased. This is necessary to ensure continuity of the regulatory framework for milk prices and vendor zones and licences. This change also ensures that any market participant who may have taken action during the period that regulations were not enforced would not be penalised.

Mr Speaker, the Government is keen to see this Bill debated as soon as possible. However, the inclusion of a retrospectivity clause in any legislation is a sensitive issue and one that members need to consider carefully.

The Assembly previously indicated that it needed more time to examine and understand the original Bill, the Milk Authority (Amendment) Bill (No. 2) 1998. The addition of retrospectivity (from 1 January 1999) and the savings clause in the Bill, provides continuity and certainty in the industry, while protecting industry participants who acted in good faith of market deregulation from penalty under the Act.

For this reason, the Government will be looking very closely at the report of the Scrutiny of Bills Committee when it considers the Bill.

Mr Speaker, in presenting the Milk Authority (Amendment) Bill 1999, I should re-state for the benefit of the Assembly the Government's position on reform of the ACT milk market which involves:

. Firstly, retaining the Canberra Milk brand Trademark for the ACT community - the Government has no plans or intentions to sell the brands but is prepared to consider licensing arrangements;

. Second, supporting the continuation of local jobs for Canberrans through the processing of milk at the ACT-based plant;

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