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Legislative Assembly for the ACT: 2004 Week 10 Hansard (Thursday, 26 August 2004) . . Page.. 4407 ..

included in the ability of the Auditor-General to require a person to continue to attend a meeting. I am not suggesting that the Auditor-General would misuse such a provision, but I think that we should clear up our intentions when we write legislation about the extent of these types of provisions. The amendment just clarifies the powers that we are giving in relation to section 14C (3).

MR STANHOPE (Chief Minister, Attorney-General, Minister for Environment and Minister for Community Affairs) (9.13): Mr Speaker, the government is happy to support this amendment.

Amendment agreed to.

Clause 8, as amended, agreed to.

Clauses 9 to 12, by leave, taken together and agreed to.

Clause 13.

MS DUNDAS (9.13): I move amendment No 7 circulated in my name [see schedule 4 at page 4467].

Mr Speaker, this amendment accompanies amendments 1 to 5. It removes the final custodial sentence that is attached to a strict liability offence. It is not consequential, but it does exactly the same thing as amendments 1 to 5.

MS TUCKER (9.14): This amendment also removes the penalty of imprisonment from a strict liability offence and we will be supporting it.

MR STANHOPE (Chief Minister, Attorney-General, Minister for Environment and Minister for Community Affairs) (9.14): I reiterate the position that the government put in relation to the removal of these penalties. This amendment is actually removing a penalty that currently exists in the Auditor-General Act. I do not think that a case has been made for winding back the investigative powers of the Auditor-General. These proposals do weaken the powers of the Auditor-General.

I think that it is to be regretted that the Assembly is taking the position of weakening the powers of the Auditor-General in this way. I do not think that that is necessary. I do not believe that a case has been made for removing a provision that has been in the legislation for the last eight years. I do believe that it sends a signal concerning the level of importance that applies to the role and function of the Auditor-General. As I said, there is a range of quite appropriate offences for those that might be charged. I reiterate that position. However, I acknowledge the will of the Assembly, as reflected in the previous vote.

Amendment agreed to.

MR STANHOPE (Chief Minister, Attorney-General, Minister for Environment and Minister for Community Affairs) (9.15): Mr Speaker, I seek leave to move together amendments 1 to 3 circulated in my name.

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