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Legislative Assembly for the ACT: 2000 Week 11 Hansard (30 November) . . Page.. 3572 ..

(b) the offence may be found to be proved even if, at that time, the defendant did not believe the action would be likely to interfere with the network or facility.".

Clause 121, page 59, line 2, omit the clause, substitute the following clause:

"121  Contamination of water

(1)   A person must not contaminate water in a water network unless authorised to do so by the responsible utility.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

(2)   In a prosecution for an offence against subsection (1), for the purpose of establishing whether an action contaminated water-

(a) it is sufficient to prove that, when the action occurred, there were reasonable grounds for believing it was likely to contaminate the water; and

(b) the offence may be found to be proved even if, at that time, the defendant did not believe it would be likely to contaminate the water.

Clause 122, page 59, line 23, paragraphs (2) (a) and (b), omit the paragraphs, substitute the following paragraphs:

"(a) it is sufficient to prove that, when the action occurred, there were reasonable grounds for believing it was likely to interfere with the network or facility (or form compounds likely to do so); and

(b) the offence may be found to be proved even if, at that time, the defendant did not believe the action would be likely to have that effect.".

Clause 147, page 66, line 24, after subclause (2) insert the following new subclause:

"(3)   A person must not be appointed under subsection (1) unless-

(a) the person is an Australian citizen or a permanent resident of Australia; and

(b) the chief executive has certified in writing that, after appropriate inquiry, the chief executive is satisfied that the person is a suitable person to be appointed, having regard in particular to-

(i) whether the person has any criminal convictions; and

(ii) the person's employment record; and

(c) the chief executive has certified in writing that the chief executive is satisfied that the person-

(i) has satisfactorily completed adequate training; and

(ii) is competent;

to exercise the powers of an inspector proposed to be given to the person.

Clause 163, page 73, line 31, omit "or a technical inspector", substitute ", a technical inspector or an authorised person".

Clause 169, page 76, line 1, after subclause (1) insert the following new subclause:

"(1A)   Before appointing a member of the council, the Minister must ensure that, collectively, the members have qualifications or experience in the following fields:

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