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Legislative Assembly for the ACT: 2004 Week 01 Hansard (Thursday, 12 February 2004) . . Page.. 340 ..

Chapter 7 of the bill sets out general provisions dealing with enforcement powers, including the general powers of inspectors. These powers are necessary to ensure that inspectors are able to monitor compliance with the legislation. The powers provided for in the bill are similar to powers of inspectors under other regulatory schemes.

Chapter 8 of the bill allows the minister to make orders in response to serious emergencies and to be able to act promptly in doing so. These powers are essential to protect the public from a serious threat posed by a dangerous substance. It is necessary to have a strong range of enforcement powers under the legislation so that the government can move quickly and effectively to protect public safety.

However, the powers of government officials and the minister are tempered by compensation provisions. This means that, where the government acts without proper justification and that has financial consequences for businesses, those businesses can obtain compensation. An important aspect of the legislation is facilitating the effective regulation of fireworks. There have been ongoing problems over a number of years with fireworks and the government wants to put an end to this situation.

This bill has been supported by an exposure draft of very detailed explosives regulations. These regulations are now out for consultation. The government intends that these regulations commence at the same time as the new legislation. The new regulations, in combination with the new enforcement powers contained in the bill, will allow police and inspectors to take action where fireworks operators are breaching the law and selling fireworks to members of the public.

The new Queen’s Birthday arrangements will only allow members of the public to buy a limited range of small fireworks for a period of one week each year. The fireworks will only be able to be used during a restricted number of hours over the three days of the Queen’s Birthday long weekend. People who are not ACT residents will not be permitted to buy fireworks in the ACT, and operators who are found selling fireworks to residents of New South Wales or other states will be subject to heavy penalties unless those interstate residents are licensed pyrotechnicians.

New safety standards for storage will ensure that fireworks cannot be stored in any premises where the public has access, so no fireworks will be able to be kept in stores in Fyshwick. Fireworks, like other explosives, will have to be kept in dedicated magazines that meet safety standards, except for small amounts of consumer fireworks that can be sold for one week before the Queen’s Birthday long weekend. Because the legislation will introduce higher penalties for possessing illegal explosives and fireworks, the government will run an amnesty in the lead-up to the commencement of the new laws. I thank Mr Pratt for his helpful suggestions on an amnesty.

The amnesty will allow members of the public to hand over illegal fireworks or other explosives that they may have in their possession before the new penalties come into effect. The government will collect the explosives and arrange for their destruction. (Extension of time granted.) The amnesty will not extend to people who hold or formerly held commercial licences for supplying fireworks as the government does not believe that it would be fair to make ACT taxpayers foot the bill for the expensive destruction of fireworks that these operators no longer wish to sell.

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