Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .

Legislative Assembly for the ACT: 2004 Week 03 Hansard (Thursday, 11 March 2004) . . Page.. 1180 ..


insert

Note See s 146 for the extended meaning in this section of a contravention of this Act.

9

Clause 59 (3) (a)

Page 34, line 6—

omit clause 59 (3) (a), substitute

(a) must take into account—

(i) any response given to the registrar in accordance with the disciplinary notice; and

(ii) the considerations under section 60A.

10

Clause 60 (1), proposed new note

Page 35, line 10—

insert

Note If deciding what disciplinary action to take under this section, the registrar must consider the considerations mentioned in s 60A.

11

Proposed new clause 60A

Page 35, line 15—

insert

60AConsiderations for deciding what disciplinary action to take

(1) In deciding what disciplinary action to take in relation to the person under section 60, the registrar must consider the following:

(a) the degree of responsibility of the person for the act or omission that made up the disciplinary ground;

(b) any injury, loss or damage caused, or that could have been caused, by the act or omission that made up the disciplinary ground;

(c) the number of people detrimentally affected by the doing of something, or not doing something, that made up the disciplinary ground;

(d) how any proposed disciplinary action will affect people detrimentally affected by something that made up the disciplinary ground;

(e) the extent to which it is necessary to discourage the person and others from doing something, or not doing something, that made up the disciplinary ground;

(f) whether, and the extent to which, it is necessary to protect the public from the person;

(g) the desirability of making the person responsible for the consequences of the person’s actions or omissions;

(h) the desirability of maintaining public confidence in the regulatory system set up by this Act;


Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .