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Legislative Assembly for the ACT: 2003 Week 10 Hansard (24 September) . . Page.. 3595 ..

MR PRATT: A lot of constituents have said that, with the exception of loud illegal bangers, they have in the past always been willing to tolerate three or four days of crackers going off and were quite prepared to prepare their pets and small children accordingly. But in 2002 and 2003-and indeed in 2001-they felt that matters had gone way out of control. I seek from members an understanding of this, for this is the essence of the motive for this legislation: simply, enough is enough and there is no viable third way.

The current legislation does not allow the sale of bangers. But it is very noticeable that in the period that fireworks have been legally on sale there has been an increased use of bangers-and, indeed, louder bangers than in previous years. This indicates that the retail sale of shopgoods fireworks is a conduit for or encourages the illegal provision of trafficked fireworks, including powerful and dangerous bangers. It is apparent that some retailers are operating beyond the law by either directly selling fireworks or indirectly encouraging the illegal trafficking of such goods.

Informal feedback from individuals in the police, WorkCover and urban firefighters indicates warm support for the banning of the retail sale of shopgoods fireworks. I call upon my colleagues here today to heed their advice. The removal of the legal trade and market through the retail sale of shopgoods fireworks would at least significantly minimise illegal trafficking, reducing disruption to the community.

This proposed legislation is not designed to smother small business. Trade can still be undertaken to licensed pyrotechnicians and licensed community groups, as well as the continuation of wholesale trading of fireworks. This proposed legislation is also not designed to stop or minimise government-run and approved events that use fireworks. It ensures that the system cannot be abused by unlicensed groups running random activities and causing disruption, destruction and distress to the community.

This proposed legislation is supported by the Standing Committee on Legal Affairs report No 3 on the operation of the Dangerous Goods Act 1975 with particular reference to fireworks. This minister is wrong to say that the committee report would not be sympathetic with this legislation. The report called for a rewrite of the legislation on fireworks. This is what we have done. It also called for that rewrite to permit fireworks to be used on three occasions: for cultural events such as Chinese New Year, for public displays such as Skyfire and for pre-arranged and approved community events during the three-day June long weekend. This is also what we have done in the proposed legislation. The Standing Committee on Legal Affairs report made a total of 16 recommendations. Its recommendations aimed at putting in place a suitable regulatory regime to permit the ongoing enjoyment of community fireworks over the June long weekend but for the public not to be permitted to acquire and use fireworks at any other time of the year.

As an aside, and to illustrate the ridiculous set of affairs where commercialism obviates responsible and civic-minded behaviour, a number of constituents reported to me last week that advertising signs are back up, in all their glory, on the Hume Highway, well outside the traditional fireworks season.

With this proposed legislation we are seeking to tighten things up. Again I refer to the first recommendation of the report: that the Dangerous Goods Act 1975 be urgently

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