Debates Day 2 - Wednesday 27 November 2002
Parliamentary Record 9
Debates for 9th Assembly 2001 - 2005; ParliamentNT; Parliamentary Record; 9th Assembly 2001 - 2005
2002-11-27
Made available by the Legislative Assembly of the Northern Territory
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Debates
Legislative Assembly of the Northern Territory
Darwin
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Legislative Assembly of the Northern Territory
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DEBATES - Wednesday 27 November 2002 of the legislation. Under two new provisions, an inspector will have the discretionary power to grant an owner of a measuring instrument up to 28 days to correct an instrument which does not conform with the requirements of the act. If the discretion is exercised, a person can only be prosecuted if the time allowed has expired and the instrument has not been corrected. The discretion to allow an extended period will only be exercised where the error is in favour of the consumer. If the error is to the detriment of the consumer, the trader will not be given an extended period to correct the instrument but will be required to cease using the instrument until it is repaired. A new offence is created in relation to the misuse of Class 4 measuring instruments. Class 4 measuring instruments are less precise measuring instruments which are suitable for weighing items such as airport baggage, freight, sand or gravel. An offence will occur if such a instrument is used for a purpose other than the listed purpose. A new section will require a trader who uses a measuring instrument at premises where items are pre-packaged to have at least one measuring instrument that is approved for use by the National Standards Commission. The amendments will also require a person who performs batch testing of measuring instruments to be the holder of a servicing licence or an employee of the holder of a servicing licence. Some of the amendments to the Trade Measurement Act will remove the regulatory burden of marking weights on agricultural products with a consequent cost savings. A further amendment will allow persons in partnership to be jointly licensed under one servicing or weighbridge licence. This amendment will reduce business costs of all partners having to obtain an individual licence. The amendments will also allow inspectors to stop and weigh a vehicle to determine the net measurement of its load. Currently, an inspector has power to stop a vehicle, but does not have the power to require a driver to allow the vehicle to be weighed. This amendment will allow inspectors to determine, for example, the weight of a load of crushed metal being delivered to a work site. In line with current practice, the bill converts current penalties in the act to penalty units. In relation to the Trade Measurement Administration Bill, the amendment permits the issuing of infringement notices for alleged breeches of the Trade Measurement Act, or the regulations made under either that act or the Trade Measurement Administration Act. This is consistent with other legislation administered by Consumer and Business Affairs. In line with current penalties policy, the penalty for breeching the secrecy provisions of the act have been increased to a maximum of 200 penalty units, or imprisonment for 12 months. I commend the bills to honourable members. Debate adjourned. NORTHERN TERRITORY ABORIGINAL SACRED SITES AMENDMENT BILL (Serial 120) Bill presented and read a first time. Suspension of Standing Orders Pass all Stages Mr AH KIT (Assisting Chief Minister on Indigenous Affairs): Mr Acting Deputy Speaker, I move that so much of standing orders be suspended as would prevent the Northern Territory Aboriginal Sacred Sites Amendment Bill 2002 (Serial 120) passing through all stages at this sittings. Motion agreed to. Mr AH KIT (Assisting Chief Minister on Indigenous Affairs): Mr Acting Deputy Speaker, I move that the bill now be read a second time. This is a bill to amend the Northern Territory Aboriginal Sacred Sites Act to provide for compensation on just terms to persons in the event that the provisions of the act result in an acquisition of property. I have had a request from the shadow minister for a copy of the second reading speech and I am making that available very shortly to him, the member for Daly, and the member for Nelson. Members will be aware that the Northern Territory Aboriginal Sacred Sites Act gives effect to a scheme of protection of Aboriginal sacred sites applying to all land in the Northern Territory. The broad purpose of the act is to: effect a practical balance between the recognised need to preserve and enhance Aboriginal cultural tradition in relation to certain land in the Territory and the aspirations o f Aboriginal and all other peoples o f the Territory for their economic, cultural and social advancement, by establishing a procedure for the protection and registration o f sacred sites, providing for entry onto sacred sites and the conditions to 3069