Page 1064 - Week 04 - Tuesday, 6 May 2014
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I would like to thank members for their support of this bill. This bill is an important piece of legislation and one that allows the ACT to participate in the national scheme. I note that the Standing Committee on Justice and Community Safety in its legislative scrutiny role has made a number of comments in relation to this bill. In response to those comments, a revised explanatory statement has been prepared—and I will table that shortly—which addresses a number of the committee’s comments about the extent and presentation of information about engagement of human rights.
In general terms, to the extent that the provisions of the bill and the national law which it applies does or may engage human rights, the government is satisfied that any limitation on these rights is reasonable and proportionate in order to ensure a robust regulatory regime for safe rail operations.
However, in response to two issues raised by the scrutiny committee relating to search and seizure powers and protection against self-incrimination, the government agrees that it would be appropriate to amend the bill. These amendments have been considered by the Office of the National Rail Safety Regulator and relevant ACT justice agencies. I therefore foreshadow that I will be moving amendments during the detail stage relating to these provisions. I commend the bill to the Assembly.
Question resolved in the affirmative.
Bill agreed to in principle.
Detail stage
Bill, by leave, taken as a whole.
MR CORBELL (Molonglo—Attorney-General, Minister for Police and Emergency Services, Minister for Workplace Safety and Industrial Relations and Minister for the Environment and Sustainable Development) (11.57): Pursuant to standing order 182A(c), I seek leave to move together amendments to this bill that are in response to comments made by the scrutiny committee.
Leave granted.
MR CORBELL: I move amendments Nos 1 to 5 circulated in my name together [see schedule 1 at page 1135] and table a supplementary explanatory statement to the government amendments.
Of the five government amendments to this bill, four relate to limiting the items that police may seize from a rail safety worker in custody, and the fifth provides a person additional immunity from a prosecution which is based on incriminating information that that person was compelled to provide under the bill.
The explanatory statement provides more details in respect to these amendments, and I simply note again that they have been proposed as a consequence of comments made by the scrutiny of bills committee.
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