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Legislative Assembly for the ACT: 2003 Week 11 Hansard (21 October) . . Page.. 3840 ..

MR STEFANIAK (continuing):

quite a problem in this regard for both members of the public and other traders, especially in areas such as Fyshwick and Phillip, in terms of real inconvenience caused by what is becoming a common practice.

Infringement notices are a very effective way of dealing with this problem. The on-the-spot fine is significant but is consistent with penalties elsewhere in the relevant piece of legislation. We are satisfied that this amendment does protect public safety by freeing up the footpaths-we have had a number of complaints in relation to that-but it also assists other traders in the area who are experiencing problems with difficulties for people who want to go into their stores because of what has become a common practice. It is a sensible amendment. It is appropriate to use the infringement notice procedure here. I suspect that it will be very effective in terms of clearing up a particular problem that has developed in recent times.

MR STANHOPE (Chief Minister, Attorney-General, Minister for Environment and Minister for Community Affairs) (12.05): Following on from Mr Stefaniak's comments, I will expand a bit on the explanation that I did give in my previous speech in relation to this amendment. The Office of Fair Trading has been reporting that some ACT motor vehicle dealers are quite deliberately breaching section 7 of the Sale of Motor Vehicles Act by displaying motor vehicles for sale on public footpaths outside the perimeter of their licensed premises.

I think that any of us that visit places in which motor vehicles are being sold would be well aware that footpaths are being obstructed from time to time by dealers in the placement of their vehicles for sale. It was in response to that that this amendment was proposed. Currently under the act, provisions in relation to a breach of section 7 can only be enforced by a criminal prosecution in the Magistrates Court. It is proposed that the aspect of the offence dealing with trading outside the licensed premises, as Mr Stefaniak and others have mentioned, be dealt with by way of an infringement notice, noting that the more serious offence of trading unlicensed would always be enforced by way of criminal prosecution.

There is no doubt that the proposed amendment will ensure better and more effective enforcement of the provision and I think that it will lead to greater compliance with the act. The on-the-spot fine would be set at $500. Through that and through our capacity to enforce it by way of an on-the-spot fine, we will find that motor traders undoubtedly will now comply with section 7. I think that the penalty of $500 is consistent with this type of offence.

The amendment will, as Mr Stefaniak indicates, protect public safety by freeing up the footpaths that are blocked by motor vehicles from time to time and it will discourage dealers from misusing short stay public parking areas as well. I think that generally this is a good way of dealing with a particular problem. Whilst it might be seen by some to be diminishing the force and effect of a particular provision, I have no doubt that it will, by moving to the on-the-spot process, significantly enhance compliance with the law in relation to motor vehicles.

Proposed new part 6A agreed to.

Remainder of bill, by leave, taken as a whole and agreed to.

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