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Legislative Assembly for the ACT: 1999 Week 9 Hansard (31 August) . . Page.. 2614 ..

MR HUMPHRIES (continuing):

Mr Speaker, it is true that a large proportion of the ads appearing in newspapers at the moment still do not have reference to an energy rating on the houses being sold. I understand that they are still using descriptions such as "energy rating to be supplied", "energy rating still being obtained" or something of that nature.

Ms Tucker: I am talking about rental accommodation, not sales.

MR HUMPHRIES: I understand that it is also the case with rental accommodation that there is some indication of a provisional status or pending status for the ratings concerned. If it is the case that there is a lack of observance of the provisions in the legislation which are now applied to people advertising homes for rent, it is a matter which the Consumer Affairs Bureau will attend to. As a result of what I think was Ms Tucker's earlier letter, I have asked the bureau to pursue the matter. There are a large number of pieces of legislation of a regulatory kind which have the potential not to be enforced and I cannot promise that I will give overly large weights to the enforcement of this provision when there are, arguably, other more important provisions in other legislation to enforce.

But, having raised the matter, I am conscious of the need to make sure that relatively recent legislation that the Assembly has passed is both seen as being appropriate legislation and properly enforced. I have asked the Consumer Affairs Bureau to ensure that it does send a clear signal whichever way it chooses, whether it is by reminding real estate agents or perhaps launching a prosecution or threatening to do so, that this legislation is out there, that there is an obligation on advertisers of homes for rent or accommodation for rent, and that the Government would expect that there be compliance with that legislation within a relatively short period of time.

MS TUCKER: I have a supplementary question. Minister, as chief law officer of the ACT, I would have thought that you needed to take a stronger position on this matter because breaches have been occurring since 31 March. You seem to be saying that you think that flexibility is appropriate at one point. My supplementary question is: At what point do you believe that this law needs to be actually observed?

MR HUMPHRIES: Mr Speaker, I am not telling Ms Tucker that I am not concerned about breaches of the law. What I am saying is that at any given time there may be a large number of issues of enforcement of laws which a body like the Consumer Affairs Bureau needs to pursue. She has drawn it to my attention as Minister in recent correspondence. I think it was Ms Tucker. You wrote to me, did you not, Ms Tucker?

Ms Tucker: I probably did, but I thought you might notice these things as the chief law officer. Why do I have to draw them to your attention?

MR HUMPHRIES: Okay, Ms Tucker did write to me. I just wanted to confirm that that was the case. I somehow doubt that anybody else would be interested in writing to me on the subject, but Ms Tucker certainly did write to me. I am certainly concerned about breaches of the legislation and I can assure you that, if you wish, I will bang the table even more harshly with the Consumer Affairs Bureau and tell them that I really want this provision to be enforced because Ms Tucker put the Bill up and it is important that the Assembly enforce it.

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