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Legislative Assembly for the ACT: 2003 Week 11 Hansard (21 October) . . Page.. 3838 ..

MR STANHOPE (continuing):

1 January. This is something that has only recently come to our attention and we are simply moving to overcome that unanticipated problem in relation to the drafting of the criminal code 2002.

The second of the amendments will amend subsection (6) of division 2.2 of the Director of Public Prosecutions Act. The amendment is designed to remove ambiguity with respect to the director's functions by clarifying two aspects of his functions. The first confirms that the director's functions extend to appearing at any board of inquiry established under part 20 of the Crimes Act 1900.

Members would be aware that that amendment has arisen out of proceedings involving the Eastman matter that is currently before the courts, namely, appeals that are in place in relation to the application and effect of section 475 of the Crimes Act. Members may recall that Mr Eastman, in one of his challenges to processes that are currently in place, did suggest that the Director of Public Prosecutions did not have the range of powers that we had always imagined he had. That amendment simply clarifies the law in relation to that.

The second clarification confirms that the director may begin, conduct, irrespective of whether the proceedings were commenced by the director, or respond to civil proceedings which are connected with or arise out of an exercise by the director of any of the functions under the DPP act or any proceedings in relation to which the director has a function.

There is, as has been indicated, an amendment to part 3 of the Fair Trading Act 1992 to enable codes of practice to be established. The codes include provisions that impose licensing and registration requirements and provide for the imposition of fees and educational and competency requirements. There will also be provision for committees to be established to hear and resolve disputes. These amendments are designed, once again, simply to remove ambiguity in relation to the subject matter of the code of practice.

There will also be an amendment to the Sale of Motor Vehicles Act. My intention to move this amendment was previously notified. This is the first opportunity to bring the matter before the Assembly. The act will be amended by adding under section 7 a schedule of offences that are punishable by an infringement notice.

On an additional matter, Mr Speaker, a minor error was identified in the explanatory statement to the bill. The explanatory statement inadvertently stated that the Second-hand Dealers Act was being amended to alter section 11 (3) and it should have said section 3 (1). The explanatory statement has been amended to make that minor correction.

I thank members for their contribution to the debate and their support of the bill.

Question resolved in the affirmative.

Bill agreed to in principle.

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