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Legislative Assembly for the ACT: 2000 Week 5 Hansard (9 May) . . Page.. 1240 ..

MR BERRY (continuing):

Another question arises in my mind. If the provisions which I introduced in private members business some time ago in relation to the employment powers of the Occupational Health and Safety Commissioner are inadequate, then the issue of their adequacy will also apply in relation to the Auditor-General, because they were lifted from the legislation that applies to the Auditor-General. The government has said that the model that was put forward is inadequate. Is this an admission that there is a problem with the Auditor-General's powers, his independence and so on?

I trust that if these provisions are a sign that there are problems with the Auditor-General's independence we will need to deal with them rather quickly. While the government has mentioned the claimed inadequacy of the provisions that were put forward by me, it would be interesting to see what their views are in relation to the Auditor-General's legislation, which contains exactly the same provisions as the employment powers proposed for the Occupational Health and Safety Commissioner.

JUSTICE AND COMMUNITY SAFETY LEGISLATION AMENDMENT BILL (NO 3) 1999

Detail Stage

Debate resumed from 7 March 2000.

Clauses 2 to 4, by leave, taken together and agreed to.

Schedule 1.

MR HUMPHRIES (Treasurer, Attorney-General and Minister for Justice and Community Safety) (11.03): Mr Speaker, I ask for leave to move amendments Nos 1 and 2 circulated in my name together.

Leave granted.

MR HUMPHRIES: I move:

Page 3, line 2, before the proposed amendment of the Consumer Credit Act 1995, insert the following amendment:

"Commercial Arbitration Act 1986

Subsection 20A (1)-

Omit '85AE (1) or 85AQ (1) of the Evidence Act 1971', substitute '18 (1) or 30 (1) of the Evidence (Miscellaneous Provisions) Act 1991'.".

Page 6, line 25, before the proposed amendments of the Credit Act 1985, insert the following amendment:

"Coroners Act 1997

Subsection 42A (1)-

Omit '85AE (1) or 85AQ (1) of the Evidence Act 1971', substitute '18 (1) or 30 (1) of the Evidence (Miscellaneous Provisions) Act 1991.'.".

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