Page 5339 - Week 12 - Thursday, 28 October 2010

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

---

Emergency Services) (5.15): Perhaps to illustrate the government’s point in relation to this matter, in relation to breaches of the Food Act, for example, obviously licensees are obliged to sell food as part of their licence conditions. Let us imagine a situation where the licensee is selling food which is contaminated. Let us say it has not been stored properly. Someone gets sick and someone dies, say. Let us say, in the extreme, somebody dies as a result of being serving unhealthy food, improperly stored or prepared food. That goes directly to the operation of the licensed premise. The provision of food is part of their obligation under the Liquor Act and then they have breached another act by selling food that is not fit to eat.

Surely that is a relevant consideration. Surely that is a relevant decision. Are you a fit and proper person to hold a liquor licence if, as part of the condition of a licence, you sell food but you cannot sell food that is not fit for consumption? That is a relevant consideration, I would have thought.

In relation to the broader principle—and this is entirely unrelated to the Liquor Act but Mr Rattenbury raised the issue of the broader principle—there are factors in the law where the breach of one act disqualifies you from having rights or opportunities under another act. And the most obvious of these—and it is an extreme example but I will use it because it is a simple one—is: if you go and murder somebody, you cannot then go and benefit from their will, even though the will may have been legally made.

So we do draw these connections under the law at this point in time. We do have these considerations. And that is an extreme example but I think it is worth while to illustrate the point. And that is exactly what the government is seeking to do.

Question put:

That Mrs Dunne’s amendment be agreed to.

The Assembly voted—

Question so resolved in the affirmative.

Amendment 1.38, as amended, agreed to.

Amendment 1.39.

MRS DUNNE (Ginninderra) (5.21): I move amendment No 12 circulated in my name [see schedule 2 at page 5353].

---

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