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Legislative Assembly for the ACT: 2001 Week 10 Hansard (30 August) . . Page.. 3846 ..

Question put:

That Ms Tucker's amendment No 1 be agreed to.

The Assembly voted-

 	Ayes, 8  			Noes, 9

 Mr Berry  	Mr Stanhope  	Mrs Burke  	Mr Osborne
 Mr Corbell  	Ms Tucker  	Mr Cornwell  	Mr Rugendyke
 Mr Hargreaves  Mr Wood  	Mr Hird  	Mr Smyth
 Mr Kaine    			Mr Humphries	Mr Stefaniak
 Mr Quinlan    			Mr Moore 

Amendment negatived.

Clause 2 agreed to.

Clauses 3 to 5, by leave, taken together and agreed to.

Proposed new clause 5A.

MS TUCKER (8.45): I move amendment No 2 circulated in my name [see schedule 8 at page 3914].

This amendment is consequential to my amendment 6 relating to codes of practice, so we may as well debate that amendment now.

Amendment 6 rewrites section 31 to insert a formal process of public consultation over the development of codes of practice. At present section 31 just states that the minister must be satisfied that the code of practice has been prepared in consultation with persons or organisations in the industry and the public. This is not an accountable process and is inconsistent with other parts of the act which set out the public consultation processes for such things as environment protection policies and environmental authorisations.

My amendment is modelled on the existing section 25, which sets out the public consultation process for environment protection policies. This is about being consistent, and I am very surprised Mr Smyth will not support the amendment.

MR MOORE (Minister for Health, Housing and Community Services) (8.46): Although it was very difficult to consult with the community on this, because we have had it for such a short time, I did consult with the community, and the community objects to this amendment, for a whole range of reasons. I will touch on a couple of them.

Under proposed section 31A (5), the minister must send a copy of the proposed code of practice without charge to the Conservation Council of the South-East Region and Canberra and to the Canberra Business Council. The community members I consulted also wanted one sent to them and objected to the fact that the consultation process leaves

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