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Legislative Assembly for the ACT: 2001 Week 10 Hansard (30 August) . . Page.. 3858 ..

MR SMYTH (Minister for Urban Services, Minister for Business, Tourism and the Arts and Minister for Police and Emergency Services) (9.28): Mr Speaker, the government will oppose the amendment. We believe that an annual return in three months is acceptable. At present it is one month and Ms Tucker seeks to split the difference. We think alignment with New South Wales is reasonable.

MR CORBELL (9.28): Mr Speaker, this is one of those amendments that make me wonder if Ms Tucker has got too much time on her hands. Whether it is 60 normal days or 40 working days is really neither here nor there. The proposal in the bill put forward by Mr Smyth provides for a three-month period, and that seems quite reasonable in terms of providing for audits on contaminated sites. Ms Tucker is arguing for two. I really do not see the different between either, and we will not be supporting the amendment.

Amendment negatived.

Clause 11 agreed to.

Clauses 12 to 15, by leave, taken together and agreed to.

Clause 16.

MR SMYTH (Minister for Urban Services, Minister for Business, Tourism and the Arts and Minister for Police and Emergency Services) (9.29): Mr Speaker, I move amendment No 1 circulated in my name [see schedule 9 at page 3925].

This simple amendment has been moved as a result of a suggestion made in the scrutiny bills committee report No 10. The amendment will not change the powers proposed in the current amending bill of an authorised officer under section 101 by reference to the powers contained in section 100 (2).

The amendment specifically lists the powers of an authorised officer who enters premises under section 96 of the act. The authorised officer may, if satisfied on reasonable grounds that it is necessary to do so because of urgent and serious circumstances, require the occupier or a person on the premises to do any of a number things-namely, answer questions, furnish information, make available to the authorised officer any record or document kept on the premises, and provide reasonable assistance to the authorised officer in relation to the performance of the officer's duties.

Amendment agreed to.

Clause 16, as amended, agreed to.

Proposed new clause 16A.

MS TUCKER (9.31): I move amendment No 19, circulated in my name, which seeks to insert new clause 16A [see schedule 8 at page 3914].

This amendment amends section 127, which allows the authority or a person to apply for an injunctive order from the Supreme Court to stop another person contravening an authorisation or provision of the act.

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