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Legislative Assembly for the ACT: 2004 Week 09 Hansard (Tuesday, 17 August 2004) . . Page.. 3773 ..


MR WOOD (Minister for Disability, Housing and Community Services, Minister for Urban Services, Minister for Police and Emergency Services, Minister for Arts and Heritage, and Acting Minister for Health) (8.34): I seek leave to move amendments Nos 27 and 28 circulated in my name together.

Leave granted.

MR WOOD: I move amendments Nos 27 and 28 circulated in my name together [see schedule 3 at page 3803]. Clause 74 was intended to ensure that public servants and those directly authorised by the government would be exempt from the offence provisions in clauses 72 and 73. These amendments will tidy up the drafting of those provisions and ensure that the exemption applies only when the actions in question are authorised.

Amendments agreed to.

Clause 74, as amended, agreed to.

Clause 75 agreed to.

Clause 76.

MR WOOD (Minister for Disability, Housing and Community Services, Minister for Urban Services, Minister for Police and Emergency Services, Minister for Arts and Heritage, and Acting Minister for Health) (8.36): I move amendment No 29 circulated in my name [see schedule 3 at page 3803]. This amendment is made in response to an issue raised by the Scrutiny of Bills Committee. The new wording will ensure that only public servants can be appointed as authorised officers for this legislation.

Amendment agreed to.

Clause 76, as amended, agreed to.

Clauses 77 to 92, by leave, taken together and agreed to.

Clause 93.

MR WOOD (Minister for Disability, Housing and Community Services, Minister for Urban Services, Minister for Police and Emergency Services, Minister for Arts and Heritage, and Acting Minister for Health) (8.36): I move amendment No 30 circulated in my name [see schedule 3 at page 3803]. The Scrutiny of Bills Committee raised issues about the power to give information discovery orders. One issue related to privacy and confidentiality of information being sought. These provisions will address that issue by ensuring that a person who complies with such an order does not incur any liability in doing so. The Privacy Act and the privacy principles apply to the Heritage Council in its treatment of material that it receives from the exercise of such power, so there is no need to make special provision for the way in which it treats that information when addressing this issue.


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