Page 1591 - Week 04 - Thursday, 25 March 2010
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including the impact of the legislation on business owners, employees, and consumers; the level of consumer satisfaction with the industry; training and competency requirements; and transitional arrangements.
Government amendment No 4 inserts a provision concerning false or misleading representations. The provision is based on section 14 of the Fair Trading Act, with the inclusion of new paragraph (l) in subsection (1). The new paragraph has recast the obligation in clause 22 of the bill, as introduced, as a prohibition. The prohibition will operate to ensure that a licensee does not make a misrepresentation about the performance of repairs. The new provision will result in more effective enforcement, leading to improved protection for consumers. A breach of the provision is an offence with a maximum penalty of 200 penalty units.
Government amendment No 5 inserts the definition of “advisory committee” into the dictionary as a consequence of government amendment No 3. Finally, government amendment No 6 inserts the definition of “representative members” into the dictionary.
These amendments have been the result of some detailed discussion between me and my officials with the advisory body. It has been a constructive process. I am pleased that we have been able to find a way forward. I believe that these new mechanisms provided for in the government’s amendments will enable the development of further reforms to the regulation of the industry, which are very much a matter of interest for the industry currently, whilst at the same time ensuring that new players in the industry, in terms of people currently not represented on the advisory body, will be able to be represented and their views heard—in particular, employees as well as groups and individuals representing and with an interest in terms of environmental sustainability—to ensure that we get a regulatory regime which meets the needs of the community as a whole, which is effective and which, ultimately and most importantly, provides effective protection to consumers.
MRS DUNNE (Ginninderra) (5.39): The Canberra Liberals will be supporting all the amendments that the minister has moved today. In relation to amendment 1, this amendment enables the minister to give directions via disallowable instrument about the equipment, materials and skills necessary to work on motor vehicle repairs.
One of the functions of the advisory committee, which another amendment will establish, is to advise the minister about directions or proposed directions. This suggests that the minister will be required to consult with the advisory committee on any directions he proposes to make of his own volition.
I note the advice given by departmental officials to the code committee on the meeting on 15 March, at which the officials took the committee through the proposed amendments, that there would be a comprehensive process of consultation with both the advisory committee and the industry in relation to proposed ministerial directions. I trust the minister will honour this process and ensure that there is never a repeat performance of the history of the bill as I outlined in my in-principle speech.
The code committee also expressed concern that the amendments do not establish a formal occupational licensing scheme, something that the committee has for a long
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