Page 4246 - Week 13 - Thursday, 27 November 2014
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Clauses 130 to 135, by leave, taken together and agreed to.
Clause 136.
MR CORBELL (Molonglo—Attorney-General, Minister for Police and Emergency Services, Minister for the Environment and Minister for Capital Metro) (5.33): I move amendment No 4 circulated in my name [see schedule 2 at page 4275].
This amendment relates to the offence of releasing an animal from captivity. This amendment adds an additional defence to this offence in response to the scrutiny of bills committee report. A due diligence defence subclause has been added to address the concerns raised by the committee about inadvertent noncompliance. The offence, though, will remain a strict liability offence.
Amendment agreed to.
Clause 136, as amended, agreed to.
Clause 137 agreed to.
Clause 138.
MR CORBELL (Molonglo—Attorney-General, Minister for Police and Emergency Services, Minister for the Environment and Minister for Capital Metro) (5.34): I move amendment No 5 circulated in my name [see schedule 2 at page 4275].
This amendment relates to the offence of taking a native plant from unleased land. This amendment removes strict liability from this offence in response to the scrutiny of bills committee report. Issues raised by the committee include that people may inadvertently take a plant from public land and therefore it is not appropriate to have it as a strict liability offence. Measures to further reduce or remove inadvertent noncompliance are difficult for this offence. This amendment removes strict liability.
Amendment agreed to.
Clause 138, as amended, agreed to.
Clause 139 agreed to.
Clause 140.
MR CORBELL (Molonglo—Attorney-General, Minister for Police and Emergency Services, Minister for the Environment and Minister for Capital Metro) (5.35): I move amendment No 6 circulated in my name [see schedule 2 at page 4275]. As with previous government amendment No 5, this amendment relates to the offence of taking a native plant which is a protected native species and removes the strict liability component of the offence.
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