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Legislative Assembly for the ACT: 2001 Week 9 Hansard (21 August) . . Page.. 3100 ..

MR STEFANIAK (continuing):

proposed changes is the replacement of "director" with a broader concept of "executive officer". While "executive officer" has a settled meaning in corporation law, it would be useful in assisting readers to include examples in the definition in the bill based on its usage under corporation law.

In addition, I propose a government amendment to remove the now redundant term "director" from the dictionary.

The other proposed amendments to section 57 are technical and consequential to other amendments proposed in the bill.

The Motor Trades Association expressed some concern about the width of the new section 71, which deals with determining whether a person is suitable or unsuitable to be an individual licensee or a director of a corporate licensee. This section provides that a person is unsuitable to participate in the industry if the person has contravened the act, whether or not this amounts to an offence.

The MTA argued that the provisions should be limited to circumstances where a dealer brings the industry into disrepute through repeated failure to comply with the act. The MTA's attention has been drawn to new subsections 71 (6) and (7), which deal with how the discretion is to be exercised and which should mean that a breach would normally be unlikely to result in an adverse decision as a result of an isolated event, where the dealer cooperated with an investigation of a breach or where the dealer provided restitution for any loss caused by the breach.

The amendments to the Legislation Act 2001 and the Legislation (Consequential Amendments) Act 2001 are technical in nature in order to correct minor errors. For example, the phrase "current drafting practice" is substituted with "current legislative drafting practice".

Under item 1.1618 of the Legislation (Consequential Amendments) Act 2001, section 10, on regulation-making power of the executive, should be renumbered as section 14. Under item 1.2913, a drafting error is corrected to put the correct title of section 15X as "Minister's powers in relation to draft nature conservation strategy".

Finally, the government amendments to the Referendum (Machinery Provisions) Act 1994 are also meant to correct technical errors without making any substantial changes.

Amendments agreed to.

Bill, as a whole, as amended, agreed to.

Bill, as amended, agreed to.

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