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Queensland

Parliamentary Debates [Hansard]

Legislative Assembly

THURSDAY, 25 MARCH 1982

Electronic reproduction of original hardcopy

5114 25 March 1982 Ministerial Statements

THURSDAY, 25 MARCH 1982

Mr SPEAKER (Hon. S. J. MuUer, Fassifern) read prayers and took the chair at 11 a.m.

AUDITOR-GENERAL'S SUPPLEMENTARY REPORT

Departmental and Other Accounts

Mr SPEAKER: I have to inform the House that I have received the Auditor-General's supplementary report upon the audit of the departmental and other accounts for the year ended 30 June 1981.

Ordered to be printed.

STANDING ORDERS COMMITTEE

Report

Hon. C. A. WHARTON (Burnett—Leader of the House): On behalf of the Chairman of the Standing Orders Committee, I lay upon the table of the House the first report of the Standing Orders Committee for 1982.

Whereupon the report was laid on the table, and ordered to be printed.

PAPERS The following papers were laid on the table : ^

Orders in Council under— Land A d 1962-1981 Forestry Act 1959-1981

MINISTERIAL STATEMENTS

Queensland Economy

Hon. L. R. EDWARDS (Ipswich—Deputy Premier and Treasurer) (11.3 a.m.): We have had several misleading statements in recent days on just where the Queensland economy is and where it might be heading. What I expect is causing this is that, with resped to our economy, we are experiencing a change of direction in the main thrust of our economic development.

BasicaUy, what has been affecting our economy in recent years is the OPEC policy of restriction of oil supply and increase in oil prices. Queensland, with its advantages of alternative fuels, was weU placed then to offer these to the world.

As a result, we have seen development of coal and coal-related resources such as power generation and aluminium refining. These have caused a tremendous increase in the provision of infrastructure and capital expansion generaUy in the community.

Of course, this source of expansion cannot take place without the effects rubbing off on to the community. As a consequence, particularly in the first half of 1981-82, we have seen almost boom conditions in real estate, house construction, building construction, motor vehicle registrations and retail sales. Our population has grown faster than that in any other State of Australia.

Queensland's economic situation has been somewhat unique from that of other States and the western world generally where economics are relatively depressed. We have been one of the few areas in the world that has been prospering during this period, and we expect this trend to continue in the future.

In addition to the international oil prices influence on our economy, we also have that ot the relative buoyancy or otherwise of the United States economy. At this time, while we have been enjoying the influence of the world oU situation, the recession which the United States economy is experiencing at the moment has had a dampening effect throughout Australia.

Ministerial Statements 25 March 1982 5115

As the worid oil situation moves to a position of oversupply and lower prices, we find that the fud conservation measures and the lower demand caused by world recession has reduced the oil demand by up to 10 per cent. In this situation some of the developments that could have been described as "somewhat ambitious hopes" are either not happening or have had to be postponed.

The massive coal projections that were made for the immediate future with respect to export to Japan and to the rest of the world have been pushed out in time. They are seen as not now being required for the late '80s but probably by the 1990s or the year 20OO. This appUes to the Rundle development and the coal industry generally. Queensland industry, however, during the period of high expectations, was busily securing long-term contracts for its coal suppUes and during this time the Govemment has committed itself firmly to at least seven major projects: Blair Athol, Riverside, German Creek, Oaky Creek, Newlands/ColUnsvUle, Yarrabee and South Blackwater Expansion. This wiU mean a doubling of our coking-coal exports to about 40 miUion tonnes per annum by the late 1980s. It also means the successful launching on a large scale of our new export steaming-coal industry, which includes the important Moreton coalfields. For example, the seven coal-mines previously mentioned together with the QAL alumina refinery expansion and the remainder of the work on the Comalco aluminium smeUer alone wUl cost a further $2,500m aU of which will be spent over the next two to three years.

As the world appreciates the stability of the Queensland coal supply and our competitive cost, we have many other coal-mining prospects on which firm coal contracts wiU be able to be negotiated. The point I am making is that these new developments will not be as rapid as they have been in the last three or four years. However, in the immediate future we have continuing development ahead of us which will require massive sums of caphal for mining development, raUways, port development and other associated infrastmcture.

Looking further afield at the broad Queensland economy, we see the basic industries of grain, beef, sugar and wool in good to fair condition and with reasonable hopes for the maintenance of acceptable prices. The Queensland tourist industry is also one of exckement as to its present performance, with a future that has very wide horizons indeed.

Let us therefore consider these facts in light of reports that the high-flying estimates of the past year or two may take longer to achieve. In advising of the changed situation, such reports speak only of the decrease from the high expectations rather than the positive development that is now occurring. I am very concerned at these reports. The reason for my concern lies in the fact that I firmly believe that economic prophecies are to a very large extent sdf-fulfiUing. I believe that statements from influential sources, whether they forecast gloom and depression or economic strength and prosperity, will impact on industry and the finance world in a way which tends to bring about the condkions which have been predicted. Overall, whUe Queensland's economy and future prospects are sound, we cannot expect to swim against the general world economic tide without feeling the effects.

No statement on the economic situation of Australia today would be complete without serious reference to the high interest rates that are prevaUing and which apparently will prevail for too long into the future. I am firmly of the opinion that these interest rates must come under the control of both State and Federal Governments and I reject completely the Federal Government phUosophy in this regard that these should be free of aU control and set by the market-place. The money market cannot be the pace-setter in interest rate determination. No other segment of the Australian economy or society is so free to determine its returns without regard to its effects on the economy or on society.

As a matter of fact, I feel sometimes that the Federal Government, through its decisions, is inclined to promote high interest rates, particularly in view of its action in the last few weeks. This is shown by its recent action, in a period of very tight liquidity, in inviting tenders from a very smaU Australian market for $550m of Treasury notes. The public-tender system is putting the Government security rate completely in the hands of the market-place, which the Commonweahh has approached wkh a request for $550m. It virtually asked the market, "What price do you want for it?" The result, of course, is that the tender lifted the Government securky rate by 1^ per cent for the 180-day Treasury notes to a record level of over 18 per cent.

5116 25 March 1982 Ministerial Statements

The Federal Government recognises the adverse effect interest rates are having on home-ownership and home buyers and the house-constmction industry generally, and has taken action to correct k. As I see it, this is no more than a band-aid response to a very serious malaise affecting the whole Australian economy. What is happening to the home owner is only a symptom of the total problem. The high rates are seriously affecting now the total economy and the Australian Government must accept ks responsibiUties and not abdicate them to a market-place that is responsible to no-one.

Finally, I make some brief general observations about the Government's budgetary position and prospects. The major problem facing this year's State Budget is the cost of salary and wage award increases granted across virtually the full spectrum of Government employment. These award increases were estimated in the Consolidated Revenue Fund Budget document at $90m, and increased levels since then now put the figure over $150m for this year.

On the other hand, revenues in some areas are also quite significantly in excess of budgetary expectations, primarily pay-roU tax and conveyance duties on property transactions. Continued expenditure control measures are also produdng savings in certain areas, and I am confident that with some effort the Budget wiU be in balance at 30 June 1982.

I know for a fact that other States are not in such a favourable position. At this stage New South Wales has a Budget deficit of $131m. Our relative position in this regard does not come about by chance but by careful and deUberate long-term Budget management policies which are aimed at ensuring Budget stability and thus the resilience necessary to withstand unforeseen expenditure or revenue aberrations. This is not to say that this year's Budget or budgetary expectations for the immediate future are all that the Government perceives as being necessary to fulfil the needs and desires of the community.

The Commonwealth's attitude in the areas of tax sharing, capital funding, hospital costs, roads and other specific purpose funding continues to cause difficulties for all States. This causes problems for Queensland in particular because in so many of its considerations the Commonwealth refuses to take account of our extraordinary population growth, the decentralised nature of the State and the vast areas to be serviced. Given these sets of circumstances, if the demands of the community are to continue at such a high level with increased requirements on Government expenditure, then there are only two alternatives —decrease in services or increases in taxation.

This Government is committed to contain taxation and we will only be interested in rationalisation of services and, therefore, our community demands must be responsible. The Government cannot provide funds for immediate increases in teachers, police, nurses, and so on, to the extent expected by some sections of the community, maintain a free hospital system and introduce enhancements of service without some balancing effects in our budgetary measures.

The time has come for the community. Governments, and trade unions to work together. This is not the time for unreal industrial claims or irresponsible industrial disputation. It is not the time for shorter working hours or decreased productivity. It is the time for a massive effort by every Queenslander to sell Queensland, to produce more, to give extra effort for the sake of Queensland.

The State Government is doing its part. The Premier will announce a program in that regard. The Government will carry out its responsibiUty during this tight economic time. It is up to Queenslanders generaUy to do their best so that, together, we can make Queensland great by working to overcome any difficult times.

Demarcation Dispute at Queensland Bacon Pty Ltd, Murarrie

Hon. M. J. AHERN (Landsborough—Minister for Primary Industries) (11.13 a.m.): I wish to advise the House that at the Queensland Bacon Pty Ltd premises at Murarrie this morning, a demarcation dispute between the State and Commonwealth meat inspectors has stopped the slaughtering of pigs at these premises.

Questions Upon Notice 25 March 1982 5117

The dispute arises as a result of the new interpretation by the Commonwealth of the 1964 agreement between my department and the Commonwealth Department of Primary Industry. This agreement has, for 18 years, provided a satisfactory basis for co-operation between the two services in providing tandem meat inspection services at a number of Queensland export abattoirs.

The existing agreement provides for Commonwealth and State meat inspectors to share basic meat mspection duties on a roster system. These basic inspection duties include supervision of the offal room, an important area of responsibiUty in meat inspection.

Since the agreement was reached in 1964, there have been many additional tasks and responsibiUties added to the duties and responsibUhies at every inspection point. At no time has the Commonwealth indicated that such addkions should result in a review of, or a different interpretation of, the long-standing agreement. Earlier this week, my department received a communication from the Commonwealth Department of Primary Industry advising that, unilaterally and without any consultation, it had revised its interpretation of the agreement to exclude the offal-room duties from the normal roster. The reason given was the additional responsibility for the supervision of the security sealing of offal packs.

These new responsibilities have been in force for some six months, during which period they have been supervised by State officers on offal-room duties.

My department responded by advising that it was unable to agree with the Commonwealth interpretation of the agreement, on the basis that the supervision of the application of security seals is considered to be one of many additional functions and responsibilities added to the tasks of all positions on the roster over the past 18 years.

I am in full agreement with my department's attitude on this and I support its determination to instruct State inspectors to man offal-rooms as per existing rostering arrangements. It is a matter of great regret that the Commonwealth's failure to consuU and its determination to break the existing agreement have led to the present demarcation dispute and the resultant stoppage at the bacon factory.

PETITIONS

The Clerk announced the receipt of the following petitions— State Service Superannuation Scheme

From Mr McLean (52 signatories) praying that the Parliament of Queensland wiU remove all discrunination from the State Service Superannuation Scheme.

Electoral Redistribution From Mr Akers (58 signatories) praying that the Parliament of Queensland wUl

amend the Electoral Districts Act 1971-1977 to provide a uniform electoral quota for all electoral districts.

Petkions received.

QUESTIONS UPON NOTICE

Questions submitted on notice by members were answered as follows:— Nomination Qualifications of Herbert William Layt for Chairmanship of Johnstone

Shire Council Mr Casey asked the Minister for Justice and Attorney-General—

(1) Prior to the deletion of Herbert WiUiam Layt from the Mourilyan roll, did Layt receive the standard two letters from the Electoral Office, first, the show cause why he did not vote and, second, a letter as to why he should not be deleted?

(2) Has he received advice from his department that a response was received from Mr Layt?

(3) If no response was received, does this mean that Herbert William Layt is ineligible to stand for the chairmanship of the Johnstone Shire on 27 March?

5118 25 March 1982 Questions Upon Notice

Answer:—

(1) According to records held in the State Electoral Office, the two forms prescribed in relation to a non-voter were dispatched to Herbert WiUiam Layt.

(2) I have been advised by the Acting Principal Electoral Officer that no reply was received.

(3) The eligibiUty of Herbert WiUiam Layt to stand for election to the Johnstone Shire is a question of law which is not proper for me to determine. The anwser to the question involves interpretation of provisions of the Local Government Act and the Elections Act. The Honourable Leader of the Opposition is referred to "Erskine May", 19th Edition, at page 331, No. (9).

2. Investigation of Applications for Enrolment, Brisbane City Council Election

Mr Casey asked the Minister for Justice and Attorney-General— With reference to the Ministerial Statement on 23 March by the Minister for

Transport wherein he aUeged three people whose enrolment cards were tabled in the Parliament by the Minister for Justice and Attorney-General on 18 March failed to fulfil residential requirements for the electorate of Merthyr—

(1) Does the Act stipulate a residential stay of three months in the electoral district and not at a particular personal address?

(2) As Geoffrey Missingham was already on the 1980 roU at 3/17 Merthyr Road, New Farm, and Mr Leo Sharp was on the 1980 roU at 3/854 Lower Bowen Terrace, New Farm, and as Mr Milarchi McAlorum had resided for some years at 102 Langshaw Street, New Farm, which can be verified by the owner, Mr Paul Crowley, all three well and truly within the electorate of Merthyr, does he now dissociate himself from the comments of his ministerial coUeague Mr Lane in this House on 23 March, who, by his clandestine and covert action, has caused him serious embarrassment as the Justice Minister?

Answer:—

(1) The Honourable Leader of the Opposition is referred to section 9 of the Elections Act 1915-1976.

(2) Although the Honourable Leader of the Opposition is correct in relation to Mr Missingham, he has conveniently forgotten to mention that the names of both Mr Sharp and Mr McAlorum were removed by the Principal Electoral Officer from the electoral rolls of Merthyr and Brisbane Central respectively after the 1980 election.

In the light of the misleading nature of his question in two of the three cases which have been quoted, I believe that it is irresponsible of him to demand any dissociation or retraction on a blanket basis from me.

The enrolment card requires a claimant applying for enrolment to indicate not only his previous address but also the electoral district for which he was formerly enrolled. On the cards completed by the three gentlemen mentioned, which were witnessed by B. A. Dawson on 28 November 1981, the spaces provided for previous address and previous enrolment were left blank.

I commend my ministerial colleague the Honourable Minister for Transport for drawing attention as he has to some of the dishonest practices that can be carried out in an election, and I am sure that as a result we will now see a fairer poll in the ward of HamUton next Saturday.

Mr CASEY: I rise to a point of order. In his answer the Minister implied that I misrepresented the position. Quite clearly, my question referred to the address of the people concerned and as to their living in the electorate at that time. My points were substantiated by the Minister's answer.

Questions Without Notice 25 March 1982 5119

£ Audk of Accounts of Hervey Bay-Woocoo Water Board Mr Powell asked the Minister for Local Government, Main Roads and Police—

(1) How long ago was an audk carried out on the accounts of the Hervey Bay-Woocoo Water Board?

(2) Has the result of that audit been transmitted to the water board? (3) What action, if any, was recommended and what action has the board

taken? (4) In view of the forthcoming local authority elections, is there anything in the

report which could affect that election?

Answer:— (1 to 4) The most recent audit caried out on the books and accounts of

the Hervey Bay-Woocoo Water Supply Board was for the period 1 July 1980 to 30 June 1981. I am in the process of considering the results of the audit. Conflicting statements have been made in connection with the matter.

QUESTIONS WITHOUT NOTICE

Lease Conversion, Burdekin Irrigation Project

Mr CASEY: In directing this question to the Minister for Lands and Forestry, I refer to his answer to my question on notice yesterday regarding the freeholding of grazing homestead leases that form part of the benefited area of the Burdekin River irrigation scheme. I now ask him: Has it been known since at least 1950 that this former leasehold land would be required for closer settlement when the Burdekin irrigation scheme proceeded, and as the Government committed itself to this project for the first time prior to the 1977 State election; how can he justify his approval for the freeholding of this property for the sum of $395,504, in 1979, knowing that even at current-day values the Government will have to pay almost $15m in cash or kind to the Cox family alone, before the Burdekin scheme can become operative?

Mr GLASSON: As I indicated yesterday in my answer to the Leader of the Opposition, the value of the land in question was based on a decision of the Land Court in the 1980 period. The application for freeholding was lodged in 1979. I also explained that the date of appUcation is the date on which the freeholding is considered. When a parcel of land involves areas for forestry or mining the lapse in the period for freeholding can be anything up to five, six or seven years, but the date of application is the date on which the valuation is set. I repeat that the valuation for the area in question was based on a decision of the Land Court in a 1980 hearing.

Mr CASEY: I ask the Minister for Lands and Forestry a supplementary question: This land has been in the benefited area of the Burdekin irrigation scheme since 1950, and I refer to his expressed concern at the failure of the Government's scheme to establish young people on farms in Queensland because of the high cost of doing so. If the Government had refused to freehold those Burdekin properties, would he not he in an ideal position to give young people a start in life on the land at low cost by retaining the leasehold and subdividing the land for closer settlement, in line with the normal policy in such instances?

Honourable Members interjected.

Mr SPEAKER: Order! The House wiU come to order.

Mr GLASSON: The Leader of the Opposition should be well aware that the land in question was wetland under the jurisdiction of the Irrigation and Water Supply Commission. The planned expansion of the Burdekin scheme was set in train by the IWS.

Mr Casey: It was done in 1950. That is when the first real reports came through.

Mr GLASSON: It was assumed; the honourable member says that it was known. There was no firm decision on the Burdekin Dam in 1950.

Mr Casey: By your Government.

5120 25 March 1982 Questions Without Notice

Mr SPEAKER: Order! There will be no debate during question-time. I expect the Minister to be heard.

Mr GLASSON: As I indicated, the scheme was put in train by the IWS as an expansion of the irrigation system on the Burdekin. The Lands Department had no part to play in the valuation. The level of valuation was set by the Land Court. That has nothing to do with the Lands Department. The court is set up to determine land values.

Sand Slip, North Stradbroke Island Mr BLAKE: I ask the Minister for Primary Industries: Is he aware of Press reports yes

terday and today concerning a North Stradbroke Island sand slide from a huge dune being prepared by sand miners for rehabilitation purposes, which allegedly has destroyed a large area of mangroves and ruined a fish-breeding ground and a popular crabbing and prawning area, and allegedly also threatens nearby oyster leases? Has his department investigated the damage done to the marine habitat by the sand slide, with a view to demanding reparation and restoration? Will he consider initiating legislation to protect all marine habitats from future sand-mining operations?

Mr AHERN: I have been advised of the incident. I arranged for an inspedion to be carried out and for a report to be sent to me on the extent of the damage. After receiving that report I will be in a better position to further answer the honourable member's question. I understand that the company concerned has offered to be helpful in relation to payments to fishermen, and so on. After I receive the report I will be in a better position to discuss the matter with my Cabinet colleagues.

Mrs Heather Barralet Mr FRAWLEY: I ask the Minister for Education: Is he aware that on Sunday,

21 March, Mrs Heather Barralet, a teacher at the Pine Rivers High School, won the gold medal for the womens' 800 metres at the Australian championships and that previously in Melbourne she had run the Commonwealth Games qualifying time of 2 minutes 3.5 seconds. As Mrs Barralet has been selected in the Australian team to tour Europe in July and August this year, will the department be offering her every encouragement to participate? Can the Minister advise whether all schoolteachers or other employees of the Education Department selected for the Commonwealth Games wUl receive such consideration?

Mr GUNN: I congratulate Mrs Barralet on her achievement, and I also congratulate the honourable member for the part he has played in the development of sport. The department does its utmost to encourage sport in schools. In fact, prior to the Commonwealth Games later in the year we will be conducting the Pacific Games for young people. About $60,000 has been allocated for this purpose. Mrs Barralet is a top athlete, and we wish her well. We have given her every encouragement and will do the same for any other teacher throughout the State who achieves similar results.

Sawmill Licences Mr KRUGER: In directing a question to the Minister for Lands and Forestry, I

refer to his answer to question on notice No. 6 yesterday, in which he said— "(1) Each application for a sawmUl licence is dealt with on its merits, within

the constraints of the established policy. Under those provisions some property owners have applied for and have been granted sawmill licences to miU and sell timber."

I now ask: Can the Minister advise how many hcences have been issued, where they have been issued and to whom they have been issued? Is it not true that the industry was not consulted before changes to policy were made and Ucences were issued under the new policy? By granting those licences before consulting with the mdustry, is it not a matter of the Minister's putting the cart before the horse in approaching the timber industry and the Forestry Department with his mind already made up and some licences already granted?


Mr GLASSON: Obviously, I am not in a poskion to tell the honourable member off the cuff the names of the persons to whom those licences were issued or where they might be. If he wants to put that part of the question on notice, I wUl provide the information for him.

As to the second part of the member's question—as I explained to him in my answer yesterday, on Friday discussions will be taking place with the industry. The proposed terms have been relayed to the chairman of the Queensland Timber Board, who has indicated that the whole matter is a lot of hot air—a storm in a teacup— and that there is very Uttle to worry about. When the matters are finalised the information will be made public and tabled in the House.

Mr KRUGER: In view of the Minister's statement, I ask for the information to be provided to me. but I do not ask that that part of the question be put on notice.

Library, HUder Road State School

Mr GREENWOOD: In directing a question to the Minister for Works and Housing, I refer to my representations to him concerning the need for the construction of a new library at the HUder Road State School. Can the Minister give the House an indication whether the Govemment is prepared to build a new library at that school and, if so, when?

Mr WHARTON: The honourable member has made numerous representations for a library at the HUder Road State School. I have considered the matter and I inform him that planning is proceeding. I expect that tenders will be called in October this year. Although budgetry figures for the next financial year are not avaUable, I assure the honourable member that I expect tenders to be called next October.

Mr FOURAS: I have two questions without notice for the Minister for Welfare Services. As he is absent. I will have to put them on notice.

Whereupon the honourable member proceeded to give notice of two questions.

Mr FOURAS having asked a question without notice—

Mr SPEAKER: Order! That question is out of order. It refers to a matter of policy. The subject-matter is being debated in the House at the moment, and I wiU not allow the question.

Commonwealth and State Funding of Tertiary Institutions

Mr TURNER: In asking a question of the Minister for Education, I refer to the fact that the Tertiary Education Commission has asked the State Government for its ideas regarding any improvement to Commonwealth/State responsibiUties in education. Will the Minister indicate what has been the State Government's response in this regard?

Mr GUNN: The State has long been concerned with the duplication that occurs with allocations to tertiary institutions in this State. The State has a good working relationship with the Commonwealth. However, at the present time a bulk amount is allocated to each State. The Commonwealth then asks the States to recommend how those funds should be distributed, and does so accordingly. The State Government asked the Commonweahh to make the bulk amount available and to aUow the States to distribute the funds according to the needs of the various institutions.

Criticism of Queensland Government by Southern-based Media

Mr TURNER: I ask the Minister for Tourism, National Parks, Sport and The Arts: Is he aware of the derogatory article in today's "Australian" that attempts to ridicule he Queensland Government? Does he consider that article, which seems to be a regular eature of many southern-based Press articles, to be a contradiction, considering the number of people hoUdaying and coming to live in Queensland?


Mr ELLIOTT: An ironical situation has been created. Recently I received a letter from a lady who asked me what the Government might do about that matter. She said that she was sick and tired of that sort of article that continually appears in the southern-based media. It is rather incongruous.

Sir WUIiam Knox: They are voting for us with their feet.

Mr ELLIOTT: The Minister for Employment and Labour Relations is correct. They are voting for us with their feet. Tourists are coming to Queensland in increasingly large numbers. Approximately 60 (XK) people come to live in this State every year. The type of article that appears so often in the southern-based media is borne of envy. Tourists come to Queensland with great regularity for their holidays. In addition, a very large investment capital is being directed into Queensland's resort areas. Everybody wants a piece of the action. Last year $305m was committed to reef island developments. That is an indication of the investment that is taking place in this State.

It is rather ironical that articles such as those to which the honourable member has referred should be written. The only problem experienced in the tourist industry is one of keeping pace with the demand for tourist facilities. Further development will take place in that field. The number of people coming to this State to holiday and to live is an indication that such statements are borne of envy.

Commonwealth Funds for Education of Severely Handicapped Persons

Mr RANDELL: I ask the Minister for Education: Has the Commonwealth Government made funds available to assist the State m the education of severely handicapped persons? If so, what amount has been provided and how wiU it be allocated?

Mr GUNN: The Commonwealth Government has made a very generous aUocation to assist in the education of severely handicapped persons. The amount involved is m excess of $300,000. The aUocation of those funds wiU be the subject of a recommendation that I shall take to Cabinet in the very near future. I am very grateful to the Commonwealth Government for the large sum that has been made available by it for this very important section of education.

Application by Dr A. B. McKay to Brisbane Cky CouncU for Permission to Use Part of House as General Practice Surgery; Allegations Concerning Alderman B. Walsh

Mr R. J. GIBBS: In directing a question to the Minister for Local Government, Main Roads and Police, I refer to the claims made yesterday in the Matters of Public Interest debate by the honourable member for Caboolture about Alderman Bryan Walsh. I now ask: Has he checked with the Fraud Squad whether 18 months ago it investigated those claims and found that they had no foundation?

Mr HINZE: I am advised that the Fraud Squad did investigate the matter and that its investigation commenced in February 1980. The police are of the view that the serious allegations that were made have not as yet been substantiated. Part of the poUce report to me indicates that police inquiries failed to establish the identity of the person who allegedly made the telephone call to Dr McKay. On 1 August 1980 the detective superintendent in charge of the metropolitan CI Branch advised that there appeared to be no further avenue open to the police for investigation.

Sand Slip, North Stradbroke Island

Mr POWELL: I ask the Minister for Mines and Energy: Has he read the statements made concerning the sand slip on Stradbroke Island and conservationists' claims that k has affected the fishing industry? If so, has he caused any investigation into the matter to be undertaken? What are the results of such an investigation?

Mr I. J. GIBBS: Yes, I am well aware of the sand slip on Stradbroke Island. I have a preliminary report based on an on-site inspection by senior officers in my department'and an aerial inspection of the site. The preliminary report is not conclusive. We are awaitmg further information from the company's mines manager. In the meantime, my senior officers


are continuing their investigation of the matter. I will have a full report some time next week. The fishing and conservation claims have yet to be proven. They will be investigated by the Department of Prunary Industries and the Department of Harbours and Marine.

The company has undertaken to use a new site for the tailings. In conjunction with the Mines Department, it will try to avoid a repetition of this incident. It is suspected that the extreme wet weather caused the sand to become partially liquefied, and that that caused the slip. The Mines Department believes that the company has acted responsibly at aU times. It has reacted properly, and with great speed, to try to overcome the problem.

Proposed Household Garbage Collections

Mr BURNS: In asking the Minister for Local Government, Main Roads and Police this question, I refer him to a Liberal Party aldermanic promise that it will provide two garbage services, under which those people who wanted one service a week would continue to get one, and those who wanted two would get two. A newspaper article written by Andrew McKenzie reports that the opposition leader in the council. Alderman Olsen, said that there wiU be a "back door" service. It suggests that garbage tins will be painted a different colour, that flying a flag on coUection days, or erecting a plaque on the fence saying, "This is a bi-household", may be necessary. I now ask him: Does the Local Government Act make provision for the painting of garbage tins or the erection of signs on front fences? •

If the local larrikins shift the sign from one house to another, who will have to pay for the extra garbage service? If I am a Liberal, will I be forced to have a red tin? If I am a Labor man, wiU I need a blue tin, and who can tell me that I will have to place a bi-household sign on my front fence, as seems to have been suggested by Alderman Olsen?

Mr HINZE: It would be easy to answer that question by saying, "Take the lid off and jump in." However, I would not be so discourteous as to suggest that to my coUeague the honourable member for Tingalpa.

Mr SPEAKER: Order!

Mr Burns: I would have said that your answer was a lot of garbage.

Mr HINZE: Yes, the member for garbage.

1 think I will leave that to the councU concemed.

Rape in Marriage; Removal of Provision in the Criminal Code

Mr BURNS: I ask the Deputy Premier and Treasurer: Is he aware of the grave concern held by many women over the incidence of violent rape in marriage? When will the Government act to protect wives, mothers and children from vicious, violent horrifying demands forced on them by uncaring, violent and sometimes drunken husbands, by removing that provision of section 347 of the Criminal Code which legaUy allows a man to rape his wife?

Dr EDWARDS: As this is a matter of poUcy, the Government will consider the matter and make an announcement in due course.

Senate Investigation of Mining Resources

Mr MILLINER: I have a question that I wanted to direct to the Premier but, as he is not in the Chamber—in fact, only four Ministers are in the Chamber at the moment

Mr SPEAKER: Order!

Mr WHARTON: I rise to a point of order. Executive Council is meeting. The Honourable member knows that.

Dr EDWARDS: I rise to a point of order. If the honourable member directs the question to me. I shall answer k.


Mr MILLINER: I refer to an announcement on 28 April 1981 that the Queensland Government would not co-operate with the Australian Senate investigation into Australia's mining resources. In view of his Government's enthusiastic provision of details about our mineral resources going to foreign companies and Governments, can he advise why any Government in Australia would refuse to co-operate with politicians of its own political persuasions, considering that this Government campaigned to have Fraser and company elected?

Dr EDWARDS: On numerous occasions the Government has indicated that k is sick and tired of the large number of political investigations carried out in Australia, which waste the time of politicians on nebulous matters.

Mr Moore: And the taxpayers' money.

Dr EDWARDS: The answers could be found by a very simple referral to the States. Parliamentary committees traveUing round to investigate matters that have been fully researched over a long period is a waste of the taxpayers' money, as my colleague said. The Queensland Government will co-operate with the Federal Government in any investigation. It will provide information but it does not intend to waste the time of its officers or Ministers in preparing information that is already available from many other sources, which that committee can tap at any time.

Advertising of Queensland Tourist Attractions

Mr PRENTICE: I refer the Minister for Tourism, National Parks, Sport and The Arts to an advertisement in "The Courier-MaU" earlier this week to the effect that, "There is a part of Queensland that you haven't seen yet and it's easy to take." Is that approach taken by the Tourist and Travel Corporation a new approach by the corporation and will it be used in interstate newspapers to promote Queensland as a travel destination?

Mr ELLIOTT: Probably it is fair comment that it is a new thrust in advertising various destinations in this State. That advertisement is a very forward thrust to sell Queensland to Queenslanders, many of whom have not taken the opportunity to have a look at the tremendous range of attractions in the State. A major thrust is being made interstate, too, to get as many people as possible to travel to Queensland by aircraft, car or rail, particularly in the winter months.

I think a lot of people are getting a little apprehensive about travelling overseas. They hear about others coming back with some sort of stomach upset or having had difficulties with their travel arrangements. On many occasions things just do not work out the v/ay people hoped. We have a great potential to bring many Australians and, for that matter, Queenslanders, to our tourist attractions, and we are making a major thrust in that direction.

Mr SPEAKER: Order! On checking my records, I note that the member for Toowong put two questions on notice this morning. He has asked one question without notice. He is permitted to ask only three questions each day. He cannot ask another question today.

A few moments ago a member asked a fourth question, which I did not notice at the time. That question will be disallowed.

Campbell Report on Australian Financial System

Mr D'ARCY: I ask the Deputy Premier and Treasurer: Has the Government made any formal or informal response to the recommendations of the CampbeU committee's report into the Australian financial system? If so, what has been the substance of the Government's response to the Federal Government?

Dr EDWARDS: The Government has made some informal submissions to the Federal Government on the recommendations of the Campbell committee of inquiry. The matter has been discussed at a Premiers Conference. It has also been discussed at officer level. The Queensland Government has taken a position on some items that are of interest to the State, and they will be discussed further at the Premiers Conference in June.

p,iyilege 25 March 1982 5125

Tariff Protedion on Motor Vehicles

Mr D'ARCY: I direct a further question to the Deputy Premier and Treasurer. 1 am sure that he is aware of statements by General Motors-Holden's Ltd and the Ford Motor Co. of Aust Ltd, suggesting that if the level of tariff protection on motor vehicles is reduced, as recommended in the report of the Industries Assistance Commision, they might have to reduce operations, or even withdraw from the Australian market. I ask: Does the Deputy Premier and Treasurer agree that the general level of tariffs should be reduced?

Dr EDWARDS: I am sure that the honourable member knows that this is a Federal matter. Indeed, some weeks ago. the Federal Government made public its policy decision on the matter. The Queensland Government is aware of the activities of the motor vehicle assembly works in this State, which are playing a continuing role by providing employment opportunhies. Other than that. I do not think that it would be wise for me to comment on that Federal matter.

Mr D'ARCY: I direct a supplementary question to the Deputy Premier and Treasurer. He is obviously aware of the effect that such a decision could have on the plant of General Motors-Holden's Ltd at Acacia Ridge. There are very strong rumours in that area that the plant could dose, with the loss of thousands of jobs. I ask: Has the Government taken any inkiative about the possible closure of the GMH plant in this State or had any formal or informal talks about it?

Dr EDWARDS: As far as I am aware, the companies have given an assurance that, as long as the present sales trend continues, they will maintain production at ks present level. As far as I am aware, they have no intention of reducing the level of thek present adivities for many years to come.

Mr D'Arcy: Have you talked to them?

Dr EDWARDS: I have not had talks with them, but my colleague the Minister for Employment and Labour Relations (Sir William Knox) has had discussions with them and assures me that that is the position.

Mr SPEAKER: Order! The time allotted for questions has now expired.

PRIVILEGE

Absence of Ministers during Question-time

Mr CASEY (Mackay—Leader of the Opposition) (12.16 p.m.): I rise on a point of privilege. The matter that I wish to raise relates to what has occurred in the House this morning. Question-time has become a farce. For a major portion of question-time this moming only four Ministers were present.

Mr Speaker, as Chairman of the Standing Orders Committee, you are probably well aware that a report of that committee was tabled in the House this moming and will be debated next week. It clarifies the procedure during question-time. It is essential that Ministers be present for question-time.

Parliament is supreme. It has supremacy over the Cabinet and over any other body in the State. The decisions now being rubber-stamped by the Govemor in Coundl become Orders in Council that are required to be tabled in the ParUament to be subjected to its scrutiny. The Parliament can carry resolutions to disallow those regulations.

Mr Speaker, I believe that you, in your important position in the House, should rule that Ministers ought to show courtesy to the Parliament by being present for the entire question-time.

Mr SPEAKER: I will have the submission made by the Leader of the Opposition closely examined and I will make a determination. However, I assure him that I have no authority to direct Ministers of the Crown or members to be in the House durmg question-time. I take the point made by the Leader of the Opposhion, and I wiU have 't examined.

17175-168

5126 25 March 1982 Rural Fires Act Amendment Bill

RURAL FIRES ACT AMENDMENT BILL Hon. W. D. HEWITT (Greenslopes—^Minister for Environment, Valuation and

Administrative Services), by leave, without notice: I move— "That leave be granted to bring in a BiU to amend the Rural Fires Act

1946-1977 in certain particulars." Motion agreed to.

First Reading Bill presented and, on motion of Mr Hewitt, read a first time.

Second Reading Hon. W. D. HEWITT (Greenslopes—^Minister for Environment, Valuation and

Administrative Services) (12.19 p.m.): I move— "That the Bill be now read a second time."

Whilst there are numerous amendments, they are in the main of a procedural or machinery nature and were principally made necessary by the establishment of the National Parks and Wildlife Service as a separate entity to the Department of Forestry.

Throughout the Act much use is made of the term "forest officer" and the ccmtrol of forestry and national parks reservations in so far as fire protection is concemed. Previously this term encompassed both forestry and national parks personnel and the latter has now been distinguished by the term "field officer" Also, the National Parks and Wildlife Service took over the administration of environmental parks and fauna reserves, and provision has been made in the Bill for this occurrence.

Opportunity was also taken to amend several other definkions which had become outmoded, as had the provision for "Special Fire Zones" in the Ad. These areas included forestry and national parks reserves and land within 1.6 km of their boundaries. This provision was introduced when relatively few bush fire brigade and fire warden distrids existed. With the development of the Rural Fires Board orgaiusation over the years, this situation no longer exists and the Department of Forestry, the National Parks and Wildlife Service and the Rural Fires Board in consultation agree that this provision is both misleading and redundant.

Consukation with the National Parks and Wildlife Service also resuhed in the relinquishing of the authorky for national parks officers to act as "first officers" of bush fire brigades. I would add that the Rural Fires Board and the National Parks and WildUfe Service act in close Uaison in fire matters. The strudure of bush fire brigades plays an integral role in the protedion of the environs of parks and fire protection plans bdng developed for each park. Examples of this liaison arfe in the Cooloola area, at Woodgate and on Magnetic Island.

Section 16 of the Act gives authority for chief fire wardens! to impose prohibitions during times of high fire danger ratings. In pradice this authority is only invoked after contad with the Rural Fires Board.

To explain the role of chief fire wardens—the whole State is divided into rural fires districts and each district has a chief fire warden vested with certain powers. Chief fire wardens comprise clerks of the court, poUce officers and, in the Brisbane, South Coast and Caboolture areas, the chief officers of the respediye urban fire brigades. Together with the network of over 2 000 volunteer fire wardens, chief fire wardens administer the permit-to-burn system, unique to this State, which to a large degree is responsible for our record of relatively few bush-fire disasters.

The Bill does not take away the powers of chief fire wardens to impose or Uft prohibitions but gives the Overriding power of the board's officers to direct the imposition or lifting of these prohibitions. As the board is the body charged with mral fire protection, it is appropriate that this authority be vested wkh it.

The only other provision of the Bill relates to section 41 of the Act, which gives reciprocky to New South Wales bush fire brigades operating in border country. The Bill will extend the reciprocity to include South Australia and the Northern Territory.

The Rural Fires Act has served the State weU since its promulgation in 1948 and this Bill does not alter its policy direction, which has proved so successful.

I commend the Bill for favourable consideration. Debate, on motion of Mr Mackenroth, adjourned.

Consumer Affairs Ad and Another Act, &c.. Bill 25 March 1982 5127

CONSUMER AFFAIRS ACT AND ANOTHER ACT AMENDMENT BILL Second Reading—Resumption of Debate

Debate resumed from 16 March (see p. 4758) on Sir William Knox's motion— "That the BUl be now read a second time."

Mr YEWDALE (Rockhampton North) (12.23 p.m.): In introducing the BUl, the Minister pointed out some of the provisions that will apply once the Bill passes through all Stages. The principal facets of the BUl relate to the transfer of the existing provisions governing trade descriptions and the marking of furniture from the Factories and Shops Act to the Consumer Affairs Act. One welcomes that measure on the basis that the Minister's department, and the Consumer Affairs Bureau in particular, will have jurisdiction over marking and identifying furniture. The Minister and his department enjoy a fairly close liaison with Australian manufacturers. They do not have close Uaison wkh overseas manufacturers. Therefore, stricter controls should be exerdsed over imported goods.

The Bill provides for the banning and seizure of goods, the display of appropriate warning signs, the calling up of standards, the imposition of penalties and the delegation of powers of inspection. These measures are necessary if the legislation is to have the desired effect. When the BUl becomes law, those people who Avill be responsible for ensuring that proper warning signs are <Usplayed and new standards are called up wUl need to be circularised by the department as to the requirements sd out in the Bill.

The Bill requires that the name and address of the manufacturer or assembler of fumkure be stamped or labelled on the furniture. That provision brings to mind the types of labelling and stamping that may be used. I realise that the Bill stipulates the type of indelible ink that shall be used and refers to the proper fixing of labels. However, the provision is left somewhat open in that labels can be damaged or removed either accidentally or deliberately. Although the manufacturer will have a choice, the stamping with indelible ink would be a much better method than labelling. As I have said, labels can be damaged or removed either accidentally or deliberately. Someone might take a label off just for the heck of it.

The Bill refers particularly to imported goods. From time to time, problems arise with imported goods, and particularly with imported furniture because of the types of timber, lacquers and materials that are used. Close attention must be paid to any deleterious effect that they have on the purchaser.

Probably the most important provision in the Bill is the one that will have a bearing on chUdren's night-wear. I have in mind, of course, the flammability of such garments. Many young children either have been severely bumed or have died as the lesuU of their flammable night-wear or other clothing catching alight. Such clothing should not have been allowed on the shelves of stores in the first place. The controls inherent in the Bill should be exerdsed stringently.

The Minister mentioned a chemical product known as Tris. I have not heard of it. However, the Minister has assured the House that it has an adverse effed on humans, particulariy young chUdren, if it is absorbed through the mouth or the skin. Obviously the product should be banned. The loss of a young child is probably the most dramatic event in the life of a family. Cot deaths, for example, have caused tremendous distress and grave concem. So I cannot emphasise too strongly the need to ban any chemical that may bring about the death of a young child. Again I hark back to the death of young children caused by the burning of their flammable clothing.

In his speech, the Minister referred to the setting of standards in relation to fire hazards. He said that Queensland will be able to co-operate with other States in the setting of those standards. That is a good step, as it will enable all of the States to act in a similar manner in affording protection to the community.

A contentious issue is the fitting of spare parts and accessories to motor vehicles. These days, many young people fit special types of accessories to their motor vehicles. Many parts and accessory outlets in Queensland sell young people illegal expensive mag wheels, exhaust systems, klaxon horns and other things for their vehicles, only for them to be confiscated by the police.

Quite often the articles cost young people and their families a considerable sum of money. I do not know how this problem can be controlled, but if the people selling 'he goods had to display appropriate signs about the legality of their goods, that would help.

5128 25 March 1982 Consumer Affairs Act and Another Act, &c.. Bill

Apart from the furnishings referred to in the amendments, the safety of children's toys is of paramount importance. In the past two or three years several Press articles have dealt with dangerous toys. The Consumer Affairs Bureau has acted to prevent the sale of toys that are dangerous to young chUdren. ChUdren's Umbs have been pierced when sharp pieces of metal have become detached from spinning tops. Dangerous toys have been withdrawn from sale. The Govemment should keep a dose watch on children's toys.

The Government, through the Minister's department, is tending to perpetuate a system—I am not being critical; I am offering constructive comments—«f regular articles in the "Sunday Sun" released by Miss Jan Taylor. I read her articles regularly because I am very interested in what she has to say in the interests of consumers. But the Government is not doing enough at the other end. The Opposition has made its point dear on what it thinks about the consumer having to be aware. Opposition members contend that rather than the consumer the seUer should be aware.

Over the years the Government has been unable to cope with white-coUar cruninals and those in the service areas who do shoddy house-painting and cladding. The Oppositron is concemed about the registration of companies. One man in particular comes to mind, and that is Tony Festa, who has been referred to in this House 50 or 60 times while I have been here. He registered many different companies to carry out house-painting and cladding, but the Government did nothing about his activities. The ease with which companies can be registered adversely affects the consumers.

The Justice Department and the Minister's department should liaise closely on the matters I have dealt with because they affect consumers. The Justice Department is involved because it registers the companies and deals with offenders.

I have been disbelieved when I have told how a painter travelled through Central Queensland doing jobs. In Mt Morgan, he painted the roof of a house owned by an old lady. After completing that job he said. "What about my painting the whole house?" I should point out that it was an old house with a galvanised exterior. He painted the whole house with sUver frost and charged $600 for the job. Two days later a heavy downpour washed most of the paint off the house. Fortunately the police caught the offender and the money was refunded. That is a dassic example of what is done by some people. Possibly the incidence of this practice has lessened in areas where action has been taken against such people, but it seems that the practice is evident in most areas.

What sort of manpower does the Minister's department have to enforce the provisions in the way in which the consumer would like them enforced? Without being vindictive, I cite the following example. A person in Rockhampton went to the industrial inspector's office to lodge a complaint. He was advised that the officer who handled consumer complaints was absent on three weeks' leave and that nobody else could help him. If that is factual, something is wrong. The person came to me and asked me if I could do something about it. If the officer was on l^ve, surely the complaint could have been reported and duly processed by the department. I should like the Minister to investigate that situation.

The matters covered by the legislation are very important. The Opposition welcomes the measure because it will tighten up the problems with imported goods, toys, flammable goods and the use of Tris and other chemicals. From a departmental point of view there is a need for further staff and further action, particularly in regard to an increase in the penalties that can be imposed on people who continually offend the community and blatantly disregard the Government's requirements, and are getting away with it largely because the department does not have sufficient staff to police the provisions.

Mr HANSEN (Maryborough) (12.38 p.m.): I associate myself with the comments of my coUeague the honourable member for Rockhampton North. Most honourable members would have been involved in experiences similar to those he outUned.

Departmental officers in provincial cities should be given a clearer definkion of what is a civU matter and whether it should be referred to the Small Claims Tribunal or the Consumer Affairs Bureau. The honourable member for Rockhampton North mentioned aperson who complained about a painting job that was not done well. Many complaintsarise in that area of activity.

Consumer Affairs Act and Another Act, &c., BiU 25 March 1982 5129

Not long ago a furniture firm advertised extensively on television, opened a new shop and collected deposits on furniture. Then it disappeared. Most of the people who complained about the firm were told that they would have to take civil action to obtain a refund of their money. I do not know that that is right. A consumer who has been taken down should be able to lodge a complaint wkh the Consumer Affairs Bureau. Therefore, I am pleased that the legislation is being extended.

Furniture must be stamped to indicate whether it was manufactured in Queensland or was imported from another State or overseas.

The Minister referred to fabrics. There is a big difference in the price of various fabrics used in furnishings which is not always apparent to people who are not familiar with it. I recall a firm's offering to re-cover a lounge suite which had a flaw in the fabric. The customers were asked to choose the fabric. Subsequently, they were charged another $158. One really has to look closely to determine the quality and value of fabric. Often only an expert can teU the difference between two pieces of fabric. Some are more finely woven than others and thus do not last as long.

Mention has been made also of automotive spare parts. Most young chaps who buy a car want to do it up. If a young chap sees another car with all sorts of accessories such as sports steering-wheels, mag wheels, air homs and shiny nickel trim, he wants his vehicle to look the same. When he does, he finds that he is pulled up by the police and told to take the vehicle off the road and remove those accessories that do not conform to the vehicle manufacturer's specification. The Minister said that if a vehicle involved iu an accident carries accessories such as mag wheels that were not originally specified— even though they may not be responsible for the accident—the insurance company is likely to reject the claim. People should be made aware of that likelihood. Many of these accessories are not cheap by any means and often young people—I suppose there are a few old bikies around, too—spend a great deal of money on them only to find that they cannot legally be fitted to a vehicle. I am pleased that notices will now have io be displayed stating which accessories can and cannot be used. The Minister said that such signs must be positioned where they can be easUy read by every person who enters the premises or placed in a position directed by a consumer affairs inspedor.

Mr Bums: After he has left they will put a stack of tyres in front of them so they can't be read.

Mr HANSEN: I hope they are cheaper tyres. It concems me that young people are encouraged to buy accessories which are displayed

on the counter as though they are legal. It should be specified that they are legal only if they are used in specified areas. I am pleased that protection is to be afforded to the unsuspecting. Young people are more susceptible to that type of advertising and gimmickry and, while it might be said that the consumer must beware, the Govemment has to do what it can to see that their interests are proteded as much as possible.

Mr BURNS (Lytton) (12.44 p.m.): I take a different line on that point. I do not believe we should be legislating in relation to material to be added to cars or alterations to specific pieces of material to be added to cars that people cannot use.

On I December 1981, my colleague the member for Brisbane Central (Mr Davis) asked the Minister this question—

"Wkh reference to modifications to motor vehicles such as 'mag' wheels, air shock absorbers, and sports steering wheels—

(1) Are these modifications Ulegal in all parts of Queensland, or is a decision on legality left to the discretion of traffic police officers?

(2) If these modifications are illegal throughout the State, what action is being taken to prevent their sale throughout the State?"

In his reply the Minister said— "(1 & 2) All mag wheels, air shock absorbers and sports steering wheels are

not illegal. Whether an owner may be permitted to carry out the proposed modification depends on design, method of fitting and the year of manufacture of the vehicle concemed.

Under section 22 of the Motor Vehicles Safety Act 1980 all aherations or modifications from the manufacturer's specifications must be approved by the Chief Inspector of Motor Vehicles. The Motor Vehicles Safety Act 1980 contains


no provision for the restriction of the sale of motor vehicle parts and accessories; however, provision wiU be made in a Bill to amend the Consumer Affairs Act to deal with the sale aspect."

A similar situation arises with trail bikes. TraU bikes are being sold in areas in which young lads can ride them only in the backyard, around the street or in some open paddock where they drive everyone else crazy wkh the noise. The Government says, "Oh, we can do nothing about that. That is private enterprise." It is commercial robbery. The Government is allowing kids to buy trail bikes that it knows they cannot use legaUy. No areas in which kids can use trail bikes are provided by the Government or by councils.

Mrs Nelson: Are they not actually selUng them to the parents, who are old enough and responsible enough?

Mr BURNS: The honourable member is saying that the consumer should beware.

Mrs Nelson: The parents buy them.

Mr BURNS: Yes, I accept that the parents buy them. However, in many cases kids scrape together some money and say to Dad, "Can I buy a second-hand one?" After a kid has bought a second hand bike. Dad says, "Get rid of it", because the kid is revving around the backyard of a 32-perch allotment every Saturday and Sunday, the neighbours are complaining and the police are being called. The parents sell the bike to a young lad down the road, who does the same thing. The noise problem is transferred from one area to another. Why does the Government believe that there is something pure, honest and simple about a businessman who is selling something that he knows cannot be used legally?

Sir William Knox: That is not correct.

Mr BURNS: The Minister says that the lads cannot use them. Now he is going to put a sign up in the back of a shop saying, "Look, if you buy these things, you won't be able to use them on the road."

Sir William Knox: That is not correct.

Mr BURNS: That is what the Minister said in his second-reading speech. He said— "The Bill therefore provides for the display of a warning notice in retail outlets

selling such items. The sign must be displayed in a position where it can be easily read by every person who enters the premises or placed in a position as directed by a consumer affairs inspector."

Previously he had said— "Considerable concern has been expressed in recent times at the ready

availability to consumers of spare parts and accessories which are not in themselves iUegal but which may result in a contravention of existing legislation when fixed to a vehicle. The use of these products has a wider ramification in that an insurance company may have a legal right to reject an insurance claim if the vehicle involved has been fitted with such parts or accessories."

Why does the Govemment not make it illegal to sell such spare parts and accessories?

Sir William Knox: You are quite incorrect in what you are saying.

Mr BURNS: I am saying that if a sign is used, it should be displayed not at the back of the shop but on the article. The sign should state, "If you use this and do not go to the inspector first to have it checked, you can be fined on the road." The Govemment is not doing that, but a sign of that type would stop the bloke from making a quick quid from selling a shoddy article. If the Government wants to stop him from selling it, it should make him put the sign on the article, or it should stop him from selling it. The Government should say straight out, "You can't sell articles to modify a car in this State that are not acceptable to our department."

If I want to market a new exhaust system, I should take it to the inspector of machinery and say to him, "This is an exhaust system for Holden cars." He could then test k and say, "It is OK. You can get approval for that". The system is then approved, and I can sell it. If he says, "No, it is not approved", then the Government

Consumer Affairs Act and Another Act, &c., BUl 25 March 1982 5131

should say, "You can't sell it." The Government is saying, "Let the kids buy them; let them waste their $40 or $50." After the kids have done that, an inspector will say to them, "You can't use them."

That is what has happened in the motor car industry in the past, and the Bill will not change it. All the Government is saying is, "In the future, put a sign up on the wall, and that wiU allow you to sell these things legally." The Bill will make it legal for the seller, not for the buyer. It is sellers' legislation, not consumers' legislation.

Sir WiUiam Knox: You have misunderstood it.

Mr BURNS: I have not misunderstood it at all. I have seen the kids who have been involved in it and have bought the goods that the Government says they cannot use on their cars.

Sir WiUiam Knox: Who said they can't use them on their cars?

Mr BURNS: If that is so, why is the legislation being brought in? Why does the legislation provide for the erection of signs to say that they can't do it? In my opinion the shops should not be allowed to seU the goods.

The member for Bulimba (Mr McLean) wrote to the Minister about a young man from Bulimba who bought a car, which was fitted with many modifications, in Mackay. After he purchased that car in a registered used-car dealer's lot he was puUed up by the poUce and was told that he was not aUowed to drive it another foot because of all of the modifications, all of which had been bought from a recognised, reputable car accessory dealer. If the Government does not believe that they should be on the car, if they are dangerous on the car and cause some problems, people should not be allowed to seU them. Then there would be no chance of a young person bemg kiUed or hurt or being picked up by the police for something that the Government has helped him to do.

I am very concerned about spare parts and the cost of them so I wish to take that matter further. When the Government commenced to consider the question of spare parts, many other things could have been included in consumer legislation, I am sick to death of having to pay $2 for a nut and bolt simply because it is packed in a plastic bag. I could go to a hardware shop and buy the same article for 20c. In one place a Trico windscreen wiper costs $4.50. But, down the road at the Repco dealer, which one would think could be dearer, the same article is $2.50. A radiator for a particular brand of car—I will not name it—costs S500 at one place and only $67 at .̂ ripther, a difference of $433. Nobody can tell me that somebody is not being ripped off. These days if a person wants to purchase a tail-light bulb or has broken a little plastic piece of the tail-light assembly, he has to buy the complete unit for $50, $60 or $80. Surely if the Government wants to provide consumer protection, that sort of practice should be investigated.

The New South Wales Government conducted an inquiry into motor vehicle spare parts. One person was asked why a product that he produced for $4 was sold for $30. He said, "Because I expect to be able to get $30 for it." It was not because $26 was a fair profit, but because consumers would pay $30 for it.

In the motor vehicle industry the suggestion has always been made that Henry Ford, when he made his first car, said that he would give people a Ford for free if they would buy their spare parts from him. As everybody knows, his eariy cars went for years wkhout needing many repairs. I do not know whether that is true of Henry Ford, but such a yarn has always been around in the motor industry.

Mr Davis: It is true.

Mr BURNS: It is true. My friend the honourable member for Brisbane Central (Mr Davis) was there.

Warranties are another consumer problem, not only with used cars but also with new cars. I wish to ouote a warranty that was included in an article in the RACQ Road Ahead"—

"If repairs are made necessary by such mechanical defects within the warranty period, such repairs will be arranged by the dealer on the following basis: that the purchaser pay towing and storage costs and the list price of any materials or parts required and also pay labour charges as required at a cost price.

5132 25 March 1982 Consumer Affaks Act and Another Act. &c.. Bill

provided that such repairs shall be effected in a workshop nominated by the dealer. Payment for such materials or parts and labour are to be paid for by the

'purchaser to the dealer in cash prior to the commencement of repairs." What protection was that for the purchaser? He had to pay for towing, cartage,

storage, parts and labour and also had to pay for the work before the job was commenced. In fad. that warranty protected the dealer. There was nothing in that at all that protected the purchaser. Yet the Government allows people to use warranties such as that. There is still the fellow who says—

"Come in you galah. Have a cigar. Let me seU you a car. With a used bumper-bar."

Even though there is consumer protection legislation, that sort of thing still occurs.

Old people are still having their houses painted with paint that washes off in the rain. There are still shonky roof repairers and wall cladders. just as there were five years ago. The Government has not made it any harder for them to operate. If a person goes to the Consumer Affairs Bureau and asks for a list of all the rotten wall cladders operating so that he can avoid ringing one of them up, he is told, "We are not allowed to do that." The person cannot be told about the crooks in the community. He has to get caught first. Once he has been caught he can then tell the bureau, which will tell him, "You should not have gone to him, he is a crook." But the bureau is not allowed to tell him that first. Under the system of consumer protection that operates today, that is a fact of life. It is time that the Government considered the whole question of consumer protection.

Retuming to car parts—many dealers refer to "genuine" spare parts. A motor car dealer will say, "If you don't buy my genuine spare part and use it to repair your car, your warranty is void." A person must pay $2 to $4 for a nut and a bolt that he could purchase at a hardware shop for 50c. If he uses the wrong nut and bolt, he will be told later on that it is not a genuine spare part. As a result of that his warranty will be void. Some protection should be afforded to the ordinary consumer.

In many cases a new car wUl lie in a car yard for 12 or 18 months before it is sold. Many people can produce evidence of msty vehicles, car bodies that have been dropped off transport vehicles and reshaped and cars that that been bashed about in car yards and have required repainting and patching up. Those vehicles are sold as allegedly new; however, no legislation has been introduced to stop that. The Government can bring dovm legislation to enable a person to sell a spare part that might, cause somebody else to lose his insurance protection or his new car warranty.

Dr Scott-Young: We can bring it down on the fishermen.

Mr BURNS: The Government is bringing it down. Motor vehicles affect the lives of everyone. Most people own a motor car. Many

families have two or three motor cars. When are we going to stand up for the bloke who buys a car, instead of speaking about free enterprise and competition? There is no competition and free enterprise in the spare parts industry—shop around at two Holden dealers for the price of a genuine Holden car!

Mrs Nelson: What about the housewives who get ripped off by the repair people, because they don't know the inside workings of a motor car?

Mr BURNS: That is very true. I am sure that all honourable members will recall the articles in "Choice" magazine

about spare parts. Representatives from that publication visited eight or 10 new car dealers and purchased spare parts. The sales tax charged by those dealers varied in all cases. The average person does not know about the sales tax laws. If a dealer says, "I have to add on 15 per cent for the Government.", the purchaser says, "OK." He does not know that it is 12J per cent, or something like that. If we are starting to talk about a few notices on the wall, maybe we should talk about a few notices that will have some value to us.

An inquiry ought to be conducted into the spare parts industry. An examination should be made of the way in which major manufacturers are ripping off consumers with their so-called genuine spare parts. The whole repair industry should be investigated. We have been told by spray painters, panel-beaters and other persons that plasticised bodies and

Commonwealth Games (Modification of Laws) Bill 25 March 1982 5133

second-hand parts are used to repair motor vehicles. In fact, insurance companies are forcing repairers to use them. The repairer is told, "It is an old car. You cannot put a new piece back in. Go out to the scrap yard and pick up old piece and put it back in the vehicle."

Perhaps when reference is made to road safety we will not talk about allowing people to modify their cars by using equipment that is illegal to use on our roads; v\e might be able to say that we will do something about the standard and registration of repairers in the motor vehicle industry. I have met some good repairers, but some of the others who set up their operations in tin sheds around the place call themselves XYZ Body Builders this week and, after they have been operating for four months, they are ZYX Body Builders. Very often k is the same person operating from the same shed. In the meantime he has probably ripped off enough people to make a quick dollar.

Debate, on motion of Sir WUUam Knox, adjourned. [Sitting suspended from 1 to 2.15 p.m.]

COMMONWEALTH GAMES (MODIFICATION OF LAWS) BILL

Hon. J. A. ELLIOTT (Cunningham—Minister for Tourism, National Parks, Sport and The Arts), by leave, without notice: I move—

"That leave be granted to bring in a BiU to facilitate the holding of the Xllth Commonwealth Games, to modify specified Acts in certain particulars and for related purposes."

Motion agreed to.

First Reading Bill presented and, on motion of Mr Elliott, read a first time.

Second Reading Hon. J. A. ELLIOTT (Minister for Tourism, National Parks, Sport and The Arts)

(2.17 p.m.): I move— "That the BUl be now read a second time."

Virtually every Queenslander would be aware that the Xllth Commonwealth Games will be held in Brisbane from 30 September to 9 October 1982. However, not everyone would appreciate that the staging of these Games is an event of considerable magnitude and complexky that wiU require a great deal of thorough organisation and co-operation between many parts of society.

The State Government has played a tremendous role in assisting in the preparations for the Games both in the initial provision of funds and with the assistance and co-operation of State Government departments and authorities. To this end, an interdepartmental committee was established in 1980 to co-ordinate the efforts of State Government departments. This has been a very successful exercise and the results of the co-operation between various State authorities and the Commonwealth Games Foundation are readily in evidence. However, the interdepartmental committee did bring to Cabinet's notice the fact that there were certain areas where legislative modifications would be necessary if the Commonwealth Games are to be staged in the most efficient and harmonious manner.

The extent and manner in which these modifications to existing laws are to be implemented have been the subject of long and detailed consideration between the departments concemed, the Commonwealth Games Foundation and the Brisbane City Council and other local authorhies involved. The scope of legislative action necessary comes down to thiee areas—lio.uor, local authorities and heahh—and the Bill that I propose today seeks modification of existing laws in these three areas. I stress that it is modification only,

propose not amendments to the Acts concerned but merely a temporary waiving of certain provisions in respect of a strictly limited period during which the Commonwealth Games and related activities will take place.

The periods involved are specified in the Bill and, wkh the exception of that part regulatini! the commercial use of the title "Xllth Commonweahh Games Brisbane" or its tlerivatives, the effeds of the legislation expire on 17 October 1982—eight days after the Games cloiing ceremony.

5134 25 March 1982 Loan Fund Companies Bill

Protection of the Games title and its derivatives has been spedfically sought by the Commonweahh Games Foundation, so that the foundation and its sponsors are assured of appropriate recognition and the commercial returns involved.

The whole Bill is a simple and, indeed, self-explanatory exercise, and I commend it to the House.

Debate, on motion of Mr Warburton, adjourned.

LOAN FUND COMPANIES BILL

Hon. S. S. DOUMANY (Kurilpa—Minister for Justice and Attorney-General), by leave, without notice: I move—

"That so much of the Standing Orders and the Sessional Order be suspended as would otherwise prevent the immediate bringing in of a Bill intituled, 'A BiU to prohibit persons other than companies declared under this Act to be loan fund companies, from operating loan fund schemes and to regulate the affairs and activities of companies so declared,' and the passing of such BiU through aU the stages in one day."

Motion agreed to.

First Reading Bill presented and, on motion of Mr Doumany, read a first time.

Second Reading Hon. S. S. DOUMANY (Kurilpa—Minister for Justice and Attorney-General) (2.21

p.m.): I move— "That the Bill be now read a second time."

The purpose of this Bill is to give greater protection to shareholders and to members of the public by eliminating undesirable practices and by providing statutory standards which mutual loan fund companies must meet.

Mutual home loan companies were founded on the principle of persons buying shares in the companies by regular payments and thus obtaining a priorky in due course for access to a low-interest loan.

In the early 1970s, Mr P. Connolly, QC (as His Honour then was) conducted an investigation under the Companies Act into this type of company. His report mentioned that such companies should be wound up in the public interest and in the interest of the shareholders. Unfortunately legal proceedings before the Supreme Court to have the companies wound up were not successful.

Initially, the mutual loan fund companies were very badly managed by management companies. There was criticism of favouritism in the allocation of priority numbers which entitled a person to a loan. The little man who found it difficult to obtain a housing loan from other sources was attracted to the scheme. Bad investments were made by the companies. The number of loans made to shareholders was relatively low. Many shareholders waiting for loans were required to pay regular substantial sums to the companies. Some may have had to wait for nearly 20 years or even more before receiving a loan. The high amounts they were paying to these companies made it very difficuk for them to afford repayments to another money-lending source if they desired to obtain a home.

Queensland is not alone in having problems with these companies. In New South Wales there were many more of these companies and the problem was more acute. New South Wales introduced legislation to control them in 1976. The Queensland Bill is modelled on the New South Wales statute but is an improvement on it.

There are inherent weaknesses in mutual loan fund companies and their finandal structure is very fragile. When the New South Wales legislation was introduced in 1976 there was a considerable number of these companies doing business in that State, There are now no mutual loan fund companies operating in New South Wales.

Loan Fund Companies BiU 25 March 1982 5135

In earlier years very expensive, inefficient management by outside management companies caused considerable financial difficulties for the loan fund companies. My predecessors were well aware of the difficulties associated with these companies and closely monitored their activities. The problem in Queensland at that stage was fortunately not nearly as bad as in New South Wales,

My immediate predecessor, the Honourable Bill Lickiss, MLA, received expert advice during 1980 from the then Commissioner for Corporate Affairs recommending that the Government not intervene in the affairs of these companies. The commissioner's report was well documented and supported by cogent reasoning. The Government accepted this expert advice not to take any action.

In 1979 the financial position of two mutual loan fund companies in Queensland was considerably enhanced when they became attractive as investment avenues (for taxation benefits) for certain southern-based supierannuation funds. Steps were then taken to voluntarily introduce changes to correct many undesirable practices. The prospects for these companies in 1979 therdore looked good and, theoretically, provided some basis for hope of an upturn in their financial development. No doubt these factors have some bearing on the viewpoint of the Commissioner for Corporate Affairs at that time.

During 1981 it became dear that these companies were not living up to financial expectations. Financial problems caused two of them to seek a merger with a third mutual loan fund company. The substantial reduction in capital was devastating for many shareholders.

I was successful in seeking representations before the Supreme Court in mid-1981 and obtained certain advantages for shareholders who wished to withdraw from the loan fund scheme.

Many people had hoped that the inflow of southern superannuation funds would resolve all problems. However, I understand that substantial sums of superannuation moneys had been lost in past years in southern States.

Loan fund companies in Queensland will require careful supervision, and many provisions have been built into the Bill to ensure protection as far as pradicable for shareholders, without disturbing the equitable balance that exists among the shareholders themselves. Steps have been taken in the Bill to eliminate practices that many would regard as dishonest and unfair.

The general scheme of the Queensland Bill is that loan fund companies will be prohibhed. However, companies in existence when the Bill comes into effect will be permitted to continue operations for a period of three months (which can be extended) during which time they must put their house in order. During this period of grace of three months a company may, if it rearranges its memorandum and articles where necessary, be declared by the Minister to be a loan fUnd company which can continue to operate while it complies with the statute.

Turning to clause 4 of the Bill, it will be noted that an "existing company" is a company that is in existence when the Bill comes into effect, and which is carrying on a loan fund scheme. If an existing company amends its memorandum and articles of association where necessary so as to comply with the Bill it may be declared by the Minister to be a "loan fund company" in terms of clause 4 whereupon it has the right to operate a loan fund scheme while it complies with the Act.

Clause 5 brings into being a statutory supervisor, who will be the present Registrar of Commercial Acts.

Clause 6 provides for the appointment of inspectors for the purposes of the Act.

Clause 8 is an important provision that prohibits generally the operation of a loan fund scheme but entitles an existing company to continue in operation for three months subject to certain restrictions.

The Minister is empowered by clause 10 to declare an existing company to be a loan fund company if he can be satisfied not only that the company has brought itself up to the statutory standard but also that it will maintain that standard. Provision is made for the declaration to be revoked.


Clause 11 is an important provision prohibiting management company contracts. The exorbitant cost of these management contracts financially weakened the loan fund companies in their early years. However, the Minister may grant an exemption from the general prohibition.

As mentioned earlier, the purpose of investing superannuation funds was to obtain a taxation advantage. However, to obtain a taxation advantage, the superaimuation fund company must exercise a certain degree of control over a loan fund company. To avoid breaching the provisions of the Bill relating to management company contracts, exemption from the provisions must first be obtained from the Minister.

Clause 13 stipulates that shares cannot be offered to the public at large. The Queensland public will no longer be potential shareholders. However, the provisions enable shares to be taken up in connection with special categories of persons such as superannuation fund contributors.

The BUl eradicates undesirable practices concerning loans and priority numbers. Loan priority numbers must be issued in numerical and chronological order and loans are to be aUocated, quite fairly, on this basis.

A register of loan priority numbers must be kept. Shareholders and other persons can inspect the register, which wiU contain full relevant details regarding the making of loans. A company will be discouraged from unfair practices, as detection will be simplified.

Other provisions, including a requirement to make avaUable to the supervisor all pertinent information regarding the making of loans in order of priority, etc., and further safeguards are in the Bill. We aU must live within our means and a loan fund company has restrictions placed upon its borrowing power. It cannot borrow beyond a certain figure, which is geared to its assets.

The door-to-door sales legislation contained provisions to enable the purchaser to reconsider the wisdom of a purchase. Aiiyone who enters into a contract to acquire shares from a loan fund company can cancel the contrad within one month of entering into the contract. The Bill ensures that if this right is exerdsed a prospective acquirer of the shares can obtain his money back. There can be no contracting out of these protective provisions.

The Bill gives a shareholder, even though he is in arrears, the right to attend general meetings, to speak at the meetings and to exerdse votmg rights given to him by the Bill. Although the company is able to have shares forfeited in certain circumstances, a shareholder is given the right to surrender his or her shareholding and obtain a refund based upon a statutory formula.

Endeavours have been made not to disturb the equitable balance among the shareholders by the surrender provisions so as not to give one shareholder an unfair position of advantage over his fellow shareholder. If the company does not repay a shareholder the moneys due in relation to the surrendered shares after a certain period of time, all of the company's funds then become available for payment of the amount. The Queensland Bill goes further than the New South Wales legislation in providing benefits for shareholders who wish to surrender their shares.

Certain powers of inspecting and detaining records etc. are given to the supervisor or an inspector. However, if a person is caused certain detriment in his business activities by this he may approach the Supreme Court for an order to obtain access to the records. This provision, enabling the Supreme Court to consider the situation, is not found in the New South Wales legislation. If it is considered necessary in the public interest or in the interests of members or creditors, an inquiry may be held into the affairs of one of these companies.

To protect the interests of shareholders, if a company is wound up, the Queensland Bill goes further than the New South Wales statute and provides that there are to be no calls after winding up has been commenced, that a shareholder in arrears is entitled to share in any surplus and that a shareholder is not liable to pay the arrears.

A particularly unique feature of the Queensland Bill is the protection it affords to shareholders who have faUen into arrears. A company cannot forfeit the shares of a shareholder in arrears or make any calls upon shares unless it has first obtained the consent of the supervisor after giving the supervisor at least six months prior notice.

Loan Fund Companies BUI 25 March 1982 5137

To provide further protection to shareholders, particularly home owners, a company cannot exercise its power of sale under a mortgage or transfer its interest in a mortgage unless the consent of the supervisor is first obtained.

OveraU this Bill will regularise the activities of home loan companies in Queensland, k is hoped that the BiU wUl ensure justice for persons who have in the past become involved in this type of scheme, particularly those shareholders who have made significant financial contributions towards the purchase of shares but who have not been able to keep thek shares fuUy paid up to date:

If experience dictates that further amendments to this Act are necessary the Government wiU not hesitate to introduce such amendments as a matter of priority. I commend the Bill to the House.

Mr MACKENROTH (Chatsworth) (2.33 p.m.): The Opposition applauds the Minister for Justice and Attomey-General for the introduction of this BiU. As the Minister has stated, k is planned for this BiU to proceed through aU stages today. The Opposhion has discussed this proposal and completely agrees it is necessary if the BUl is to gain its greatest impact.

As honourable members would be aware, I have on a number of occasions over the last two years raised in this Parliament the need for legislation to control the activities of mutual home loan companies.

The last occasion I raised this matter was oh the 31 March 1981 in the Address-in-reply debate. That was the first opportunity that I had to raise the matter foUowing the 1980 State election and also the appointment of the honourable member for Kurilpa as the Minister for Justice and Attomey-General.

I would like to place on record my appreciation for the concern that the Minister expressed to me foUowing that speech and his undertaking that he would investigate my claims and advise me of what action he would takie. Although it has taken almost a year for the final action on the matter, the Minister has kept me regularly informed of what action he contemplated and the progress of that action.

During our first discussion on this matter I informed the Minister that I would not make any further public statements regarding the home loan companies or inform anyone of his proposed adion. I gave that undertaking to ensure that if legislation was introduced into this Parliament it would obtain maximum effect.

At times, when speaking to shareholders who were concerned about their investments, it has been difficult not to inform them that legislation was being planned. I am sure that many of the shareholders whom I have been endeavouring to help have thought throughout the year that I had abandoned their case. I apologise to those people for not having been able to inform them of the planned legislation, and il hope that they can appreciate my reasons. '

Once again I thank the Minister for the introduction of the legislation—not only for its introduction, but also for aUowing his departmental officers to give me a complete briefing on it. Because of that briefing, the Opposhion has been able to agree to all stages being passed in one day.

I have already expressed privately to the Minister my complete approval of the provisions of the BiU, as it contains almost aU the measures that I had called for. In fact, k contains aU the good points of the New South Wales Loan Fund Companies Act of 1976, with new provisions that wiU give the shareholders even greater protedion.

In order to put this speech into perspective, I think it is necessary to outline how mutual home loan companies operate and the events leading up to the introduction of the legislation. Mutual home loan companies first commenced operation in Queensland in 1972. A ""•"^r of companies were started. However, only two really got off the ground. They were the Federated Housmg Fund of AustraUa Limited and the Mutual Home Loan Fund of Australia Limked (Queensland), which later changed its name to Intercapital Finance wporation Limked.


The scheme operated on the basis of selling shares in the fund company to jjeople with the promise of a cheap home loan. Each share was worth $40, which entitled the holder to a $100 loan at 2J per cent interest. Most people in 1972-73 bought 200 shares, which entitled them to a $20,000 loan. Shares were to be paid at 20c a month for approximately 17 years, which meant most shareholders were to pay $40 a month.

The lure that the salesmen used to sell these shares was the availability of cheap home loans. Most shareholders were promised loans within two years. Each shareholder was issued with a priority number and loans were to be made on the basis of numerical order. However, in the last 10 years, not many shareholders have received home loans.

Mr Speaker, in the first speech that I made on this matter, on 12 March 1980, I produced evidence that one company, the Federated Housing Fund, had in fad made only 43 loans in eight years. A similar situation existed in Intercapital.

Since that first speech, a lot has happened. A situation arose in which the companies were forced by public pressure to admit to the claims that I was making that they had in fad lost most of the shareholders' money in what they claimed were bad investments. I predict that if ever the truth comes out about the operation of these companies it will be found that the directors in fact siphoned off the shareholders' funds for their own advantage.

The directors have now admitted that the losses were a result of unsecured loans to companies that now are either in liquidaticm or have suspended operations. That is the point that I raised in my speech on 12 March 1980. The chairman of directors at that time was Barry Alfred Brown, who denied my daims.

Unfortunately, the Minister at that time was the member for Mt Coot-tha, Mr Lickiss, who at all times refused to take action on these companies or to introduce any legislation. In fact, in a ministerial statement on 11 September 1980. the Minister (Mr Lickiss) attempted to blame me for all the trouble that the companies were experiencing. In the Minister's statement, he claimed—

"The intrepid honourable member opposite saw a golden opportunity to win cheap political advantage by the planned and determined destruction of public confidence in the companies."

Firstly. I consider that my actions throughout the last year in negotiating with the new Justice Minister over this matter prove his statement to be incorrect. Seccmdly, the claim that I made about the viability of these companies has been proved correct by the companies' own admission.

I do not consider that I could make this speech today without expressing my disappointment at the total disregard the pre\'ious Justice Minister showed for my pleas for urgent Government action on these companies. If he had taken notice of my call for Government action in 1980, the legislation that honourable members are now debating could have been passed in 1980, with the result that shareholders may not have lost as much money as they have up to today.

Since my last speech on this subject much has happened within these companies. Federated Housing and Intercapital have been closed down and a new company called Executive Properties Limited has been formed. All former shareholders of Federated Housing and Intercapital have been allotted an equal number of shares in Executive Properties. However, before the shareholders were transferred, their shares were discounted to take account of losses made by the companies. These losses were by no means meagre as they represented, up to the 31 March 1981, approximately 55 per cent of shareholders' funds in Intercapital Finance Corporation Limited and 61 per cent of shareholders' funds in Federated Housing Fund of Australia Limited. The total losses of those two companies as at 31 March 1981 amounted to $1,757,953.

The reason for the closure of Federated and Intercapital was to provide a clean slate for the new directors who had moved into the companies in September 1979. Those directors, who represented Executive Counsellors Pty Ltd, a company incorporated in Victoria which has its registered office at suite 1, 30 Queens Road, Melboume, were looking for a new and novel way to sell superannuation. They had decided that they could sell a


new superannuation scheme with the promise of a cheap home loan. However, after public pressure made them outline the real losses of Intercapital and Federated, it was apparent to them that they would be unable to sell their scheme if people were aware of the losses. They then reactivated a shelf company called Queensland Home Loans, changed ks name to Executive Properties Limited and can once again produce a reasonable looking balance sheet without having to tell people about the $1.7m which had been lost.

It is important that I outline how Executive Counsellors Pty Ltd operates, as it controls Executive Properties Limited, which is now the only mutual home loan scheme operating in Queensland and therefore this legislation is aimed directiy at it. Executive Counsellors Pty Ltd, which as I outlined earlier is incorporated in Victoria, is the company administering the executive superannuation fund.

A company called Caphal Nominees Pty Ltd, is the tmstee company for the fund. Capkal Nominees is incorporated in the Australian Capital Territory and has its registered office at the offices of Messrs Evans, Murphy and Phillips, solicitors, Dunent House, University Avenue, Canberra City, ACT. However, its administrative affairs are conducted by Executive Counsellors Pty Ltd in Melbourne. So we now have a Victorian company sellmg shares in a Queensland company to people who buy superannuation with a Canberra company—a complicated triangle, to say the least. The latest list of directors which I have for these companies is: W. W. Strauss (Chairman), A. J. Robison, J. Geddes, R. K. Roseblade and R. L. Conroy. National Marketing Manager is Mr Mahn Suliman.

I personally have had contact with only one of these gentlemen, Mahn Suliman, who, during the period from April to June 1980, endeavoured to sell me on the superannuation scheme's being the saviour of Federated and Intercapital. When I informed him on 30 June 1980 that I felt the superannuation scheme would not save the companies, he offered me a bribe over the telephone, in the form of a directorship of the home loan companies. He also offered me an all-expenses-paid trip to Melbourne. I informed him that I would have nothing to do with his offer and have had no contact with him since. Surely no-one could trust a person such as this with his money. However, he is the type of person who is presentiy mnning Executive Properties Limited, as Mr Suliman has been appointed a director of this company.

To illustrate how the superannuation scheme operates, I wUl quote a section of this proposal, which is headed "Investments"—

"Initially, the investments, for each member's portfolio will consist of:

Loan Fund Company Shares

Regular payments on the purchase of loan fund company shares will entitle the portfolio to loans in due course for investment in real property."

k then refers to term deposits that would be invested in Executive Properties and insurance companies. At the conclusion it states—

"After establishment of the above investments the member can include other investments of his choice."

Therefore, if anyone takes out a policy with that superannuation fund, he must first take out home loan company shares. This is a section of the proposal handed to people interested in superannuation. However, what they are not told is how long they will have to wak for a home loan. Also, the way the scheme operates is not explained, and I will outline for members how the scheme operates in reality.

On today's real estate market a person would need to buy 400 shares to be eligible for a $40,000 loan. If a person was to buy into this superannuation scheme, $80 per month of his superannuation payments would be paid into home loan shares. After 17 years the shares would be paid off for a total value of $16,000. However, as it has been proved in the past, these shares have no resale value. The scheme operates on the principle of not paying dividends, so therefore he would not even receive a return on his investment. The only possible advantage would be if he received a home loan. However, he would not


receive the loan but his superannuation trust would receive the loan. He would in actual fact rent his own home from his superannuation tmst. To prove that claim, I refer to a letter written by the Taxation Department to Capital Nominees Pty Ltd. It states—

"Mr W. W. Strauss, Capital Nominees Pty Limited, Administrative Office, Suite 21, 30 Queens Road, Melbourne. Vic. 3004.

Dear Sir,

Income Tax: The Executive Superannuation Fund Further to the discussions held in this office on 26 November and 5 December

1979, I am now able to advise that there js no objection to the investment of fund monies in loan fund company shares in the Federated Housing Fund of Australia Ltd in accordance with the documentation approved in this office. Consideration will be given to the approval of similar investment in other States upon submission of the relevant documentation.

You wUl recall that the question of a member of the fund using property held in an investment trust on his behalf was raised at the interviews. The matter has been examined and provided a commercial rent, determined by an approved valuer and reviewed annually, is charged, it would be accepted that a benefit was not being provided for the member. To this end, the investment trust documentation should be amended to ensure that such a rent is charged and that an annual review is undertaken.

You will also recall that some doubt was expressed as to the validity of the proposals that Capital Nominees, as Trustee of the Executive Superannuation Fund and thus of the monies etc comprising the contributions made and held in the members' portfolios, would lend part of such monies to itself as Trustee of the Investment Trusts at a fixed rate of interest in lieu of the proportionate return which his fiduciary duty would require a trustee to obtain. I presume you are giving some consideration to this matter.

Finally, the National Superannuation Committee of Enquiry (The Hancock Committee) recommended in its report the limitmg of the percentage of fund monies which could be invested in the sponsoring or associated employers' business. It is confirmed that the Task Force which has been estabUshed by the Treasurer to examine the role of occupational supierannuation has, as part of its terms of reference, the duty to examine this field bearing in mind the views of the Committee.

Yours fakhfuUy, J. Le C. Simon,

Acting Senior Assistant Commissioner."

Honourable members will note from that letter that it will be necessary to pay a commercial rent reviewed annually. The rent would be paid to the superannuation trust which would pay off the loan. With escalating rents a person would soon be paying far more than he would if he paid the loan off through the bank.

The reason for paying superannuation is to provide for retirement through a scheme which ensures good sound investments by pooling payments and investing in a wide range of investments. This scheme does not provide that security. In fact, a careful study of it reveals that the return being paid on investments is being paid by the person himself. He has the extra burden of $16,000 worth of useless shares. Naturally, what I have just outlined would depend on receiving a loan, which on past track record would not happen.

Mr Speaker, if I were a person in Victoria looking at this scheme, the question I would ask is: Why did Executive Counsellors have to come to Queensland and take over two almost bankrupt companies, go through all the legal problem of closing them down and converting shares to a different company? Why did it not simply start a new home loan Icompany in Victoria? There is a simple answer to that, and it is that the Victorian Govemment would not let it. Before coming to Queensland in 1979, Executive Counsellors attempted to sell its scheme to the New South Wales authorities. They would have no part of k.


During the past two years, many shareholders have asked me to advise them as to whether or not they should continue paying off their shares. I have never offered anyone advice on these matters; I have simply outlined the skuation and allowed them to make their own decision. However, I would advise any person considering buying into this superannuation scheme to forget it. The past performances of mutual home loan companies prove that they cannot work.

The situation in Australia now is that Executive Properties Limited is the only company operating; every other company either has gone bankrupt or is being wound down by an administrator.

I now deal wkh the specific provisions contained in the Bill. What this Bill will do is take the legislative control of Executive Properties Limited away from the Companies Act and place it directly under the control of a special loan fund Act. The provisions of the Bill are fairly simple in that they will force the company to provide information to its shareholders and will provide shareholders with an avenue to leave the scheme if they wish.

The main provisions that I consider shareholders will be happy with are— (1) The company will have to keep a register of priority numbers, which will

be available for members to view at no cost. (2) The company wUl have to advertise monthly what loans it has made, if

any, at what interest rate and to which priority number. (3) Shareholders will be enabled to surrender their shares and receive a

refund if the shares are paid up. (4) The company will be forced to refund payments to shareholders if the

company forfeits shares. (5) Shareholders will no longer be made responsible for the remainder of their

calls if the company goes into bankruptcy. My only disappointment with the Bill is that shareholders who are in arrears with their payments will be unable to surrender their shares.

Many Queenslanders have completely lost confidence in their company, and I do not think they will pay their arrears in order to surrender their shares. Many of these shareholders have stopped paying over the past two years, and under this legislation they would have to pay these arrears before they surrender their shares and then wait three years for their money. I am sure many of them would consider it too large a gamble.

The only way in which they can get back any of their money is if the company forfeits their shares. Unfortunately, I do not think that will happen. I believe that some formula could have been arrived at to enable these people to surrender their shares without having to pay their arrears.

I could talk about mutual home loan companies for about six hours. I have two boxes full of information on them. I have conducted research- into these companies for about 500 hours. However, I do not intend to delay the House any longer, because I am completely happy with the Bill.

Finally, I thank the Opposition spokesman on Justice, Mr Bob Gibbs, for allowing me the opportunity to lead the debate for the Opposition.

Hon. W. D. LICKISS (Mt Coot-tha) (2.54 p.m.): My name was mentioned in connection with this matter because I was the Minister on 11 September 1980, the day on which I made a ministerial statement concerning it. At that time, after careful investigation by the Commissioner for Corporate Affairs and his officers in Sydney, Melbourne and Canberra, the commissioner advised me as follows—

"The introduction of legislation along similar lines to that existing in New South Wales would not, in the circumstances, advance the position of the shareholders concemed and the appointment of a special investigator would not be warranted. In fact, the appointment of such an investigator could seriously disadvantage shareholders. Some of the beneficial aspects of the New South Wales legislation have already been adopted by the Queensland companies."

I concluded my ministerial statement by saying that overall the commissioner would advise fie of any matter in this situation that should be brought to my attention.


I shall not delay the House by adding to what has been said or by saying what could be said to counter k. I shaU content myself by sayiiig that 18 months have elapsed since the matter was raised and since I made my ministerial statement on 11 September 1980. During that time, on the admission of the honourable member for Chatsworth, a lot has happened to these companies since he made his speech on this subject. Not being privy to what has happened and the thinking of Cabinet on this matter, I presume that, us a result of what has happened since 11 September 1980, it has been decided that some legislative action should be taken because of the change. I stand on what I said at that time about the most appropriate action that should then have been taken.

The facts that were related at that time have not been the subject of any criticism whatsoever. Indeed, they have not been proved other than factual. I support the legislation if the Minister, in his wisdom, believes that this is the appropriate way to handle the situation.

I come back again to some of the statements I made at that time. At that stage, there was no evidence of any statutory breach of the provision of the Companies Act affecting the mutual home loan companies. I remind honourable members that, at that stage, I said—

"I would like also to emphasise that, in the present circumstances, one of the fundamental principles of the common law is involved—and that is the freedom to contract. If a person enters into a contract on the basis of certain expectations, and those expectations are not realised to the extent of his or her earlier hope, this, in itself, is not a matter for Government action. I say that wkh the obvious proviso, of course, that there has been no activity which results in a breach of the law."

Later, I said— " in the circumstances surrounding the mutual home loans companies, the

Corporate Affairs Office has indicated that inquiries did not show any evidence of any breach of statutory provisions which would warrant intervention. My attitude in this matter has consistently been that the Government should not be influenced one way or the other before all of the circumstances in this matter were carefully assessed and reviewed."

Since that date, the Commissioner for Corporate Affairs would obviously have been monitoring, as he said he would do, the activities of those companies. That has resulted now, 18 months later, in the formulation of the legislation presently before the House.

I believe that the advice I tendered to the Government on that occasion, supported by Cabinet, at the time, was the correct advice. Obviously the advice that the present Minister has received and acted upon, also supported by Cabinet, is the appropriate action that should now be taken.

Hon. S. S. DOUMANY (Kurilpa—Minister for Justice and Attorney-General) (2.58 p.m.), in reply: I thank the honourable member for Chatsworth and the honourable member for Mt Coot-tha for their contributions to this debate. I must acknowledge that, over the past year, particularly bearing in mind the sensitive nature of the legislation and ks commercial implications, the honourable member for Chatsworth has co-operated very fully in maintaining confidentiality. As well as that, he refrained from proceeding further with media activity when I expressed to him very strongly last year the belief that we could not help anybody if we were to have a battle in the media over the ensuing period. In that time a great deal of research and investigation has been undertaken, bearing in mind the change in conditions referred to by the honourable member for Mt Coot-tha, by departmental officers and a senior counsel.

I must confirm to the House that the result of all that advice was very clear, namely, that we had to move at this stage because of the deterioration in the skuation.

In response to the disappointment expressed by the honourable member for Chatsworth about the provision relating to forfeiture of shares that are in arrears, I will make a couple of points. Firstly, the BUl is designed to maintain equity between the shareholders who have continued to pay up their shares and those who are now in arrears. That was considered to be a fairly important principle in the drafting of the legislation.

The second point is that forfekure of shares in arrears can occur only after six months' notice has been given and the approval of the supervisor has been obtained.

stamp Ad Amendment Bill 25 March 1982 5143

The third point is, as I said in my second-reading speech, that if it can be demonstrated that the current legislative procedure does result in any injustice occurring to shareholders, serious consideration wUl be given to amending the legislation to remove such injustice. It is a questk>n of seeing how it works. The results in practice over the ensuing months wiU be looked at objectively.

Motion (Mr Doumany) agreed to.

Committee The Chairman of Commktees (Mr Miller, Ithaca) in the chair

Clauses 1 to 69, and Schedules 1 and 2, as read, agreed to. Bill reported, without amendment.

Thkd Reading Bill, on motion of Mr Doumany, read a third time.

STAMP ACT AMENDMENT BILL Hon. L. R. EDWARDS (Ipswich—Deputy Premier and Treasurer), by leave, wkhout

notice: I move— "That leave be granted to bring in a BiU to amend the Stamp Act 1894-1981

in certain particulars and for other purposes." Motion agreed to.

First Reading Bill presented and, cm motion of Dr Edwards, read a first time.

Second Reading Hon. L. R. EDWARDS (Ipswich—^Deputy Premier and Treasurer) (3.4 p.m.): I

move— "That the Bill be now read a second time."

I have been continuing to have the Stamp Act reviewed and, as a result, there are some further proposals for amendment to the Act. They are—

To facilitate the recovery, by the commissioner, of penalties; To empower the commissioner to reassess instruments where it is established

on appeal that an instmment has been originally assessed for insufficient duty; To provide for an exemption; To make an amendment of a technical nature; and To formalise certain arrangements that are presently being administered.

The credk and rental provisions were introduced to attach duty to consumer credit transactions. The need for the provisions arose when lenders stopped effecting such transactions by the traditional forms of documentation to avoid the duty thereon.

When the provisions were introduced consumer credit transactions were isolated by the tradkionally high interest rates which they attracted. The method of attaching duty which was adopted was to impose the duty on all loans, discount transactions and credit arrangements in excess of a prescribed rate per cent per annum.

As interest rates in the market increase the prescribed rate needs to be adjusted upwards accordingly. Last July, when increases in bank personal loan rates were lagging behind increases in respect of other types of lending, to increase the prescribed rate would have resulted in a loss of duty from the bank personal loan source. Therefore, it was decided that the then official prescribed rate of 15.75 per cent needed to be maintained in respect of such lending.

In relation to the other categories of lending, administrative arrangements were approved to operate from 1 July 1981 whereby the prescribed rate was to be 17 per cent for all credk transactions other than bank personal loans to which the official rate of 15.75 per cent continued to apply. Under these arrangements the administered rate was increased to 17.75 per cent from 1 February 1982.

5144 25 March 1982 Stamp Ad Amendment Bill

Personal loan rates have increased and I am satisfied that bank personal loan rates have fallen more into line with their traditional position in the interest rate stmcture and that the special temporary administrative arrangements can now be dispensed wkh. Therefore, it is now proposed to formalise these arrangements and for them to continue until 31 March 1982, after which the prescribed rate is to be 17.75 per cent, and the setting of the prescribed rate as a single rate as presently provided for under the Act is to resume.

As to the other proposed amendments, the BUl provides for a closer definition in the criteria for the giving of relief from conveyance duty in cases of company reconstruction or amalgamation under section 49C. Such definition is necessary for direction in the day-to-day administration of the exemption.

Section 49C of the Act provides for exemption from stamp duty on a transfer of an item of property or a substantial interest therein necessitated by reconstruction or amalgamation of a group of companies where the subject property has always been within the beneficial ownership of the group of companies of which the transferor company is one and the transferee company has been associated with the group of companies for the whole of the time during which the property has been within the ownership of the group. The words "substantial interest"; are not defined for the purposes of the section.

There can be no justification for the exemption on the ground of company reconstruction or amalgamation when the subject interest is only a low proportional interest. It is therefore proposed to now provide for the exemption to apply only when the subject interest is one not less than a 90 per cent interest.

The Bill also provides for the strengthening of the Act regarding the recove!ry of penalties imposed by the commissioner. Although the Act specifies duty imposed under it as constituting a debt due and owing to the Crown it does not presently specify a penalty imposed by the commissioner to be recoverable as such and it is proposed this be now provided for.

It is also proposed to provide for the commissioner to be able to reassess an instmment in accordance with the decision of the court where such dd;ision establishes on appeal that insufficient duty has been assessed on the particular instmment in the first instance. There is no provision in the Act for the commissioner to do this at present.

Further, an exemption is proposed to be provided for in relation to the financing of major public worjks.

Under the Ad at present there is an exemption for debentures issued by local and public authorities. Debentures have traditionally been the means by which such authorities have financed their capital works programs.

However, modem financing for major public works is sophisticated and the means available for effecting such financing diverse. Therefore it is proposed to modemise the Act to give the Govemor in Coundl by Order in CouncU on my recommendation the power to grant exemptions in respect of the provisions of the Stamp Act in respect of borrowing arrangements for major public works.

In this it is not proposed to expand the scope of exemptions presently provided for but to provide for flexibility in the giving of the exemption to cope with changing methods of transacting and documentation therefor.

Finally, the BUl provides for an amendment of a technical nature.

The scheme of the credit and rental provisions of the Act aUows duty paid or payable in repect of security documentation associated with loans, discount transactions and so on to be offsd against credit duty.

There is an incorrect reference in the provision which allows for the dfset against credit duty of duty paid on bUls of exchange and promissory notes issued in relation to the giving of the subject credit. An amendment is proposed to provide for the correct reference.

I commend the Bill to the House.

Debate, on motion of Mr Davis, adjourned.

Giri Guides Assodation Ad Amendment Bill 25 March 1982 5145

CHURCHES OF CHRIST, SCIENTIST, INCORPORATION ACT AMENDMENT BILL Second Reading—Resumption of Debate

Debate resumed from 9 March (see p. 4540) on Mr Doumany's motion— "That the BUl be now read a second time."

Mr MACKENROTH (Chatsworth) (3.10 p.m.): The Opposhion spokesman on this Bill has been caUed away to an urgent meeting and has asked me to handle k for him.

As the Minister for Justice and Attomey-General stated ki his second-reading speech, the Ad provides for the filing of documents wkh the Registrar of Companies and Commerdal Acts. The Bill simply jwoposes that, m future, the documents wiU be filed wkh the Under Secretary, Department of Justice. I understand that this is necessary because of the National Companies and Securities Commission Bill that was introduced into this House last year.

The Opposkion's justice commktee has closely examined these amendments and can find nothing in them other than what the Minister indicated in his second-reading ^jeech. h completely agrees with them.

Hon. S. S. I>OUMANY (Kurilpa—^Minister for Justice and Attorney-General) (3.12 p̂ m.), in reply: In view of the comments of the honourable member for Chatsworth, there is really nothmg further for me to add. I commend the BUl to the House.


Committee The Chairman of Committees (Mr Miller, Ithaca) in the chair

Clauses 1 to 4, and preamble, as read, agreed to. BiU reported, wkhout amendment.

Third Reading Bill, on motion of Mr Doumany, by leave, read a third time.

GIRL GUIDES ASSOCIATION ACT AMENDMENT BILL Second Reading—^Resumption of Debate

Debate resumed from 9 March 1982 (see p. 4540) on Mr Doumany's motion— "That the BiU be now read a second time."

Mr MACKENROTH (Chatsworth) (3.13 p.m.): The amendments in this BiU are the same amendments that have just been considered in the Churches of Christ, Scientist, Incorporation Act Amendment Bill, and probably the easiest thing for me to do is ask that my well-researched speech on that Bill be applied to this Bill.

Once again, this BiU proposes that, in future, the documentation wiU be filed with the Under Secretary, Department of Justice. The Opposition's justice committee has examined the amendments and has no opposition to them.

Hon. S. S. DOUMANY (Kurilpa—Minister for Justice and Attomey-General) (3.14 p.m.), in reply: I accept the comments of the Opposition spokesman, and commend the Bill to the House.


Committee

The Chairman of Commktees (Mr Miller, Ithaca) in the chair Qauses 1 to 3, and preamble, as read, agreed to. Bill reported, without amendment.

Thhd Reading

Bill, on motion of Mr Doumany, by leave, read a third time.

5146 25 March 1982 Liquor A d Amendment Bill

LIQUOR ACT AMENDMENT BILL

Hon. S. S. DOUMANY (Kurilpa—Minister for Justice and Attorney-General), by leave, without notice: I move—

"That leave be granted to bring in a Bill to amend the Liquor Act 1912-1981 in certain particulars."

Motion agreed to.

First Reading Bill presented and, on motion of Mr Doumany, read a first time.

Second Reading

Hon. S. S. DOUMANY (Kurilpa—Minister for Justice and Attorney General) (3.17 p.m.): I move—

"That the BiU be now read a second time."

The proposals contained in this BUl introduce some amendments to the Liquor Act which should prove beneficial to licensees or holders of licences under that Act. However these amendments are not being introduced as a result of a general review of the Act. I propose to have the Liquor Act completely reviewed so that more appropriate legislation relating to liquor may be introduced at a later date.

One of the proposals contained in this Bill is concerned with the granting of a special licence for the Queensland Cultural Centre. The Queensland Cultural Centre Trust has drawn attention to the need to provide adequate catering facilities, including the dispensing of alcoholic beverages, at the new Cultural Centre. Having regard to the complexity of the Cultural Centre and the diversity of the proposed outlets for the serving of alcoholic beverages, the Cultural Centre Trust has recommended that consideration be given to granting it a special licence so that it may effectively control the sale of liquor at the various outlets in the centre.

Inquiries made interstate indicate that in the case of the Sydney Opera House and the Adelaide Festival Centre, special licences have been issued to the respective trusts covering the sale of liquor at those centres. The Victorian Arts Centre is still in the course of construction, but provision exists in the Liquor Control Act of Victoria for the granting of a cultural centre licence provided it has the support of the Minister of the Arts.

These special licences do not in any way detract from the overaU standards which would normally be appUcable to such establishments. However, they do provide for a nieasure of flexibility which can be justified having regard to the scale and nature of this type of operation.

This Bill therefore makes provision in the Liquor Act for the Governor in Council to authorise the .granting by the Licensing Court to the Queensland Cultural Centre Trust of a cultural centre licence or licences for the sale and disposal of liquor for consumption at the Cultural Centre. It is proposed that the Govemor in Coundl will have the power to impose conditions, restrictions and provisions in respect of such licences. In making an application for a licence, the Cultural Centre Trust will be required to nominate a fit and proper person who is not disqualified under the Act from holding a licence to represent it directly in the conduct of the licenced premises.

The annual fee payable in respect of a Cultural Centre licence will be the same as that payable by licensed victuallers, that is, eight per centum of the gross amount paid in respect of all liquor purchased during the preceding 12 months.

The Bill also amends the Liquor Act in relation to the granting of an airport licence. At the moment an airport licence may only be granted under the Act in respect of premises which are situated at an airport that is maintained, managed or controlled by a local authority. A problem has arisen with respect to the Cairns Airport. The Commonwealth has taken steps to transfer the lands on which the Cairns Airport is situated to the Caims Harbour Board. As a consequence of this, the Cairns Airport Act \i'as passed last year to authorise the Cairns Harbour Board to acquire and operate the Cairns Airport. The transfer of title is scheduled to take place by 30 June 1982.

Australian Constitutional Convention 25 March 1982 5147

The Bill amends the Liquor Act so that an airport licence may be granted with respect to any airport that is used by commercial aircraft engaged in the carriage of passengers for reward and which is not maintained, managed or controlled by the Commonweahh under the provisions of the Airports (Business Concessions) Act. It is proposed that an airport licence may be granted to a person nominated by the local authority or other statutory authority by whom the airport is maintained, managed or controlled.

Section 117 of the Act provides that membership of an ex-servicemen's dub is open to all servicemen, ex-servicemen and members of the permanent forces of good character and reputation. However, a spouse, father, mother, son, daughter, brother or sister of a serviceman, ex-serviceman (whether living or deceased) or member of the permanent forces may be admitted as an associate member of the club. The Bill extends this section to allow the stepson or stepdaughter as well as the spouse of such son, daughter, stepson, stepdaughter, brother or sister of a serviceman, ex-serviceman, or member of the permanent forces also to be admitted as an associate member.

Under the Act, the Licensing Court has power to forfeit any licence. It also has power, in lieu of forfeiting a licence, to suspend such licence. There are some cases in which the suspension of a licence may cause undue hardship to the holder of the licence. It is therefore proposed to give the Licensing Court power, in lieu of forfeiting or suspending a licence, to impose a fine not exceeding $5,000 on the licensee or holder of a licence.

The only other amendment proposed by the Bill relates to the rules of licensed clubs. At the moment, the Act requires these rules to provide that a guest shall not be supplied with liquor in the club premises, unless on the invitation and in the company of a member. There are many occasions when a member of a club has to absent himself from the club whilst a guest of his is still present and partaking of liquor, ft is proposed to amend the Act so that the rules of a licensed club will allow a guest of a member to be supplied with liquor if that member is called away from, or has to leave, the club for some special and compelling reason after the guest has been, in the first instance, in the company of such member.

I have no doubt that the proposals in this Bill will be favourably received by the community.

I commend the Bill to the House. Debate, on motion of Mr Davis, adjourned.

AUSTRALIAN CONSTITUTIONAL CONVENTION Hon. J. BJELKE-PETERSEN (Barambah—Premier): I move—

"That whereas by resolution of 20 October 1972 the Fortieth Parliament of Queensland acknowledges that it was expedient it should appoint delegates of that ParUament to attend a convention to review the operation of the Constitution of the Commonwealth of Australia and that it should appoint twelve members of that Parliament as its delegates and provide for alternate representation from a further twelve named members; and whereas the intention of that resolution was reaffirmed by the Forty-first Parliament by resolution of 24 April 1975 and by the Forty-second Parliament by resolution of 13 April 1978; and whereas the convention to review the operation of the Constitution of the Commonwealth of Australia has not concluded its business; therefore this Parliament now resolves:

(1) That for the purposes of the convention— (a) twelve members of this Forty-third Parliament be appointed as

delegates to the convention to review the operation of the Constitution of the Commonwealth of Australia and to continue the work already undertaken in this regard;

(b) the twelve members appointed by the Parliament of Queensland shall be the Honourable J. Bjelke-Petersen, MLA, the Honourable L. R. Edwards, MB, BS, MLA, the Honourable S. S. Doumany, BScAgr, MAIAS, MLA, Mr A. P. D. Bertoni, PhC, MPS, MLA, Mr E. D. Casev, MLA, Mr W. T. D'Arcy, MLA, Mr R. J. Gibbs, MLA, the Honourable J. W. Greenwood, BA, LLB, QC, MLA, Mr J. A. M. Innes, LLB, MLA, Mr R. C. Katter, MLA, Mr D. McC. Neal, MLA, Mr L. W. Powdl, MLA.

5148 25 March 1982 Australian Constitutional Convention

(2) That each appointed member of the delegation continue as an appointed member whilst a member of this Parliament or until this Parliament otherwise determines.

(3) That the Honourable J. Bjdke-Petersen, MLA, be leader of the delegation and that the Honourable L. R. Edwards, MB, BS, MLA, be deputy leader.

(4) That where, because of illness or other cause, a delegate is unable to attend a meeting of the proposed convention, the leader may appoint an alternate member being either the Honourable V. B. Sullivan, MLA, the Honourable Sh William Knox, MLA, the Honourable D. F. Lane, MLA, Mr T. J. Burns MLA, Mr A. A. FitzGerald, MLA, Mr T. J. Gygar, MLA, Mr P. R. McKechnie' MLA, Mr G. P. Scassola, LLB, MLA, Mr G. L. Simpson, MLA, Mr N J Turner, MLA, Mr N. G. Warburton, MLA, Mr K. W. Wright, BA, AEd, MACE, MLA, and the member so appointed shall be a member of the delegation' for that meeting.

(5) That the leader, from time to time, make a report to this Parliament of such information and matters arising out of the convention as he thinks fit, such report and/or its supporting documents to be laid on the table of this House.

(6) That the Honourable the Attorney-General provide such suitably qualified assistance for the delegation as it may require.

(7) That the Honourable the Premier inform the Governments of other States and the Commonwealth of this resolution."

Mr CASEY (Mackay—Leader of the Opposition) (3.23 p.m.): The Labor Party in this Parliament unequivocally supports constitutional reform. The manner in which the Constitution is changed in Australia is through the democratic process in which all men and women have an equal say as to whether or not a change is desirable. The Constitutional Convention is an excellent vehicle to examine the proposed changes to the Constitution and, consequently, to make recommendations for the updating of the document that was written last century.

For the Constitutional Convention to be able to function properly, the Government of the day and the Opposition of the day from the States should be of equal representation. All other States practise that principle, irrespective of the numerical strength or the political complexion of their Government or their Opposition. The only State that seeks to play poUtics with its delegation to the Constitutional Convention is, unfortunately, Queensland.

The Government's proposed delegation to the Constitutional Convention acutely reflects the decline and decay in the standards of this Queensland Govemment. I have a document that clearly-sets out the representation of each State at the Convention since 1973. The document contains a number of figures, and I table it.

Whereupon the honourable gentleman laid the document on the table.

Mr CASEY: 1 seek leave to have the document incorporated in "Hansard" (Leave granted.)

Table 1

Year

1973

1976

1978

Delegates

Government Opposition

Total


Total


Total

Commonwealth

8 8

16

S 8

16

8 8

16

NSW

6 6

12

6 6

12

6 6

12

VIC

8 4

12

7 5

12

6 6

12

QLD

7 5

12

10 2

12

9 3

12

SA

6 6

12

6 6

12

6 6

12

\VA

6 6

12

6 6

12

6 6

12

TAS NT 1 ACT

5 ! , i 1 7 ^ 1 1 1

12 , 2 . 2

n 111 12 ! 2 1 2

5 i 1 1

7 1 1 , , 12 2 : 2

Australian Constitutional Conventron 25 March 1982 5149

Mr CASEY: That document illustrates that Queensland is out of step on this issue. New South Wales, Victoria, South AustraUa, Westem Australia, the Northem Territory and the Australian Capital Territory all have equal representation of Govemment and Opposition, the exception being Tasmania, where the Upper House is constkuted entirely of Independent members. Consequently, two members from the Tasmanian Upper House attend the Constitutional Convention with five Government and five Opposition members from the Lower House to make up the 12 representatives.

As to the Commonwealth and the other States—the Commonwealth's representation is 16 members, eight from each side of the House; each State of New South Wales, Victoria, South Australia and Western Australia has six Govemment members and six Opposition members, irtespective of the political constitution of its Parliament; and the Northern Territory and the Australian Capital Territory has one representative each.

It is time that we forgot about the Premier's one-liners that the rest of Australia is out of step wkh Queensland. As the document I have tabled shows, that is just so much nonsense. Queensland is the only State that is out of step.

The proposition from the Govenunent to have five National Party representatives, four Liberal Party representatives and three ALP representatives to this important fomm on the Constitution is totaUy unacceptable to the Opposition in this Parliament. This dedsion also further highlights the manner in which the Liberal Party is completely in agreement wkh the National Party in a decision which is a prostitution of the parliamentary process.

It is about time that some decency, dignity and decorum were restored to the way this Pariiament operates, to the way it arrives at its decisions, and, in this instance, to the way it Is represented at the Constitutional Convention. Labor believes it is time to call a hak to this one-eyed, lop-sided representation.

The constitution of the Queensland delegation to the 1978 convention was the same as is proposed now by the Premier. In 1976, the Queensland delegation comprised 10 Government members and two Opposition members. In 1972, the first year in which a convention was held, the Queensland delegation comprised seven Government members and five Opposition members.

It is a tragedy that the Liberals are intimately involved with this dedsion along with the National Party. The Liberals have succumbed to the National Party on this issue, just as they have surrendered to the National Party on redistribution, the Chief Justiceship and so many other issues.

Even if the Govemment's intention was that the Queensland ddegation was supposed to represent each party's numerical representation in the Parliament, the ddegation members as set out in the motion clearly fail to reflect this.

The National Party with 34 members would be entitled to five delegates, the Labor Party with 25 members would be entkled to four delegates and the Liberal Party with 23 members would be entitled to three delegates. But what do we find? A recommendation by the National and Liberal Party Ministers that the Liberal Party send four members to the convention and the Labor Party only three, despite the fact that Labor has more parlianlentary representatives than the Liberals.

The critical issue at stake is the need for equal representation by the Government of the day and the Opposition of the day at the convention. Parliaments and Constitutions should recognise not poUtical parties, only Government and Opposition.

My parliamentary colleagues and I have given this matter extensive consideration and we unreservedly support equal Government and Opposition representation. This is a principle from which we shall not deviate, in either Opposition or Govemment. I dearly indicated to the Premier in my initial reply to him on 21 December last that, following discussions wkh my colleagues and an examination of the situation in other States, the proposed representation was unacceptable. I further informed him on 8 February that the Opposition would select six delegates and six alternative delegates in accordance with the constitution of the delegations from the Commonwealth and the other States.

I therefore move the following amendments— "In section (1) (b) omit the names—

'Mr A. P. D. Bertoni, PhC, MPS, MLA, Mr J. A. M. Innes, LLB, MLA, Mr L. W. Powell, MLA'

5150 25 March 1982 AustraUan Constitutional Convention

and substitute the names— 'Mr T. J. Burns, MLA, Mr N. G. Warburton, MLA, Mr K. W. Wright, BA

AEd, MACE, MLA'"; "In section (4) omit the names—

'Mr T. L Bums, MLA,. Mr T. J. Gygar, MLA, Mr P. R. McKechnie, MLA, Mr G. L. Simpson, MLA, Mr N. G. Warburton, MLA, Mr K. W. Wright, BA' AEd, MACE, MLA'

and substitute the names— 'Mr B. J. Davis, MLA, Mr D. Fouras, BSc, BEcon, MLA, Mr B. P. Hansen,

MLA, Mr R. Jones, BEM, MLA, Mr G. R. Milliner, MLA, Mr G. N. Smith' MLA'."

The amendments place Queensland in line with all of the other partidpants m the Constitutional Convention and provide a fair, just and balanced delegation from this State. If we are going to change the Constitution of our Commonwealth, our approach should be along the same non-partisan and non-political lines that were in the minds of our founding fathers who created our national Govemment.

Any approach to this issue on the basis of political bias will perpetrate that political bias in the Commonwealth Constitution. Such was never intended, nor should it ever be the case.

I, too, in accordance with the original resolution, will be transmitting our attitude to the Commonwealth and to all other States as well.

I also inform the House at this stage that should these amendnients not be accepted by this Parliament, the Labor Party will not be a participant in any delegation to a Constitutional Convention that is politically motivated, politically biased and morally unjust and undemocratic.

The Constitutional Convention is above party politics and intrastate rivalries. All other Govemments in the nation are aware of its importance and appoint their delegations accordingly in a fair and democratic manner.

By persisting with this high-handed, autocratic attitude, the National-Liberal Government in Queensland is threatening the very essence of the Constitutional Convention, and destroying its credibility with the Australian people. By this action the people of Queensland and Australia will know that democracy is constantly under threat in this State.

The State Opposition will do all in its power to protect the Constitutional Convention from the undemocratic manipulation of a Premier who always screams about State rights, yet always wants to make his State the exception.

Hon. J. BJELKE-PETERSEN (Barambah—Premier) (3.32 p.m.), in reply: On behalf of the Government, I cannot accept the amendments moved by the Leader of the Opposhion. The honourable member referred to interference with the Constitution, but a Queensland Labor senator in Canberra is trying to undermine the original Constitution.

The Leader of the Opposition should be the last person to talk about undermining the Constitution and traditional rights. The founders of our Constitution, by strenuous efforts and endeavours, included in the Constitution things that could be vital to Queensland but, these days, the ALP in Canberra is trying to undermine the Constitution. It is beyond me how anyone claiming to represent Queensland, as the senator does, c6uld try to undermine the Constitution to Queensland's detriment. I will have great pleasure in highlighting his activities in the time before the next election.

The Leader of the Opposition said that we are completely out of step with every other State. The important point is that people seem to like what we are doing—and they support the Government. Every week more people are coming here to live and work. The Leader of the Opposition knows that. If we are completely out of step as a State why are people flocking here to live and work?

Mr Frawley: We would not want to be in step with New South Wales. At least we have electric light.

Mr BJELKE-PETERSEN: There is no way in the world that we would be in step with New South Wales or the ALP at any time.

Australian Constitutional Convention 25 March 1982 5151

On 20 October 1972, the Parliament resolved, without dissent, that 12 of its members should be appointed as delegates to a proposed convention to review the Constitution of the Commonwealth of Australia; that provision should be made for aUernate delegates; that there should be a leader and deputy leader of the delegation and that the leader should, from time to time, report on such information and matters arising out of the convention as he thought fit.

The delegates and alternate ddegates had been chosen by the three parties having regard to the number of seats held by each party in the parliament.

I had written to the then Leader of the Opposition on 9 October 1972, notifying him of the proposed resolution and asking him to furnish me with the names of five parliamentary members of the Australian Labor Party who could be appointed as delegates, and a further five members as alternate delegates.

In his reply of 12 October 1972, the then Leader of the Opposition not only furnished me with the names requested, but also stated—

"The Parliamentary Labor Party appreciates the opportunity to nominate five such members".

Mr Houston did not see fit to carry on in the manner we are now witnessing from the present temporary Leader of the Opposition. He saw nothing wrong with representation being determined in accordance with the parliamentary ratio.

Mr Bums: BuUdust! That's not right.

Mr BJELKE-PETERSEN: It is right. If it is buUdust, the honourable member wrote it.

Mr Bums: I did not say I saw nothing wrong with it.

Mr SPEAKER: Order! I ask the honourable member for Lytton to retum to his own seat.

Mr Burns: I come back to my seat and say "BuUdust" again.

Mr BJELKE-PETERSEN: I would not be so rude as to refer to the letter written by the then Leader of the Opposition as buUdust. The honourable member may think so now, but I would not say so.

In 1975, following the Opposition's disastrous performance at the 1974 State election, the then Leader of the Opposition—we have had so many over the years, but the honourable member for Lytton was occupying the position at the time—was asked for the names of two Opposition members. I received a letter from him seeking equal representation from Government and Opposition on the basis that other State delegations were so represented.

In my reply to the Leader of the Opposition, I pointed out that it was, and still is, a matter for each Parliament to determine its own representation and that each Parliament, whether k be Commonwealth or State, was master of its own house and was not bound by what transpired in another Legislature. This Parliament does not have to do the same as other Parliaments do. Queensland does not follow their legislation or procedures. 1 know that members of the ALP do; they mn true to form.

The motion of 24 April 1975, appointing a delegation with 10 Government and two Opposition members, was agreed to by the Parliament without dissent.

I now come to 1978. The Government again considered representation of the parties in the Parliament and, as the Opposition had improved its numbers from 11 to 23 at the 1977 election, it was proposed that the Opposition delegation be increased to three members. The honourable member for Lytton, still occupying the position of Leader of the Opposition, agreed with the proposal and provided me with the names of the Opposition delegates and alternate delegates. Again the motion was passed by the ParUament, without dissent. That has been the position up to the present time. Whether or not it Was buUdust from the honourable member, I do not know.

It is tme that the ALP at the 1980 election was successful in increasing its parliamentary members by a further two seats. After examining the ratio of the parties, it has been determined that the additional two seats would not justify any increase in the number cf the Opposition delegates and that the composition of the delegation should remain the same.

5152 25 Mardi 1982 Australian Constitutional Convention

Therefore, the Government's view on representation can be summarised as follows— It is this Parliament's prerogative to determine its own representation; It is not necessary for this Parliament to be bound by what other Legislatures

determine; All parties in this Parliament should be represented on the Queensland delegation;

and The proportion of delegates to be chosen should approximate as nearly as

practicable the number of seats held by the Government and the Opposhion.

I commend the motion to the House.

Question—^That the words proposed to be omitted (Mr Casey's amendment) stand part of the question—put; and the House divided—

Ayes, 37

Ahem Bertoni Bk-d Bjelke-Petersen Booth Doumany Edwards Elliott Frawley Gibbs, I. J. Glasson Goleby Greenwood

Blake Burns Casey D'Arcy Davis Eaton Fouras Hooper

Gunn Hewitt Innes Jennings Katter Kyburz Lester Lickiss McKechnie Menzel Miller Moore Nelson

Noes, 20

Jones Kruger Mackenroth McLean MUIiner Shaw Smith Underwood

Powell Prentice RandeU Scassola Scott-Young Simpson Stephan SuUivan Tenni

Tellers: Harper Neal

Vaughan Yewdale

Tellers:

Hansen Warburton

Resolved in the affirmative.

Question—That the motion (Mr Bjelke-Petersen) be agreed to—put; and the House divided—

Ayes, 37

Ahem Bertoni Bhd Bjelke-Petersen Booth Doumany Edwards Elliott Frawley Gibbs, I. J. Glasson Goleby Greenwood

Gunn Hewitt Innes Jennings Katter Kyburz Lester Lickiss McKechnie Menzel MUler Moore Nelson

Powell Prentice RandeU Scassola Scott-Young Simpson Stephan Sullivan Tenni

Tellers: Harper Neal

Fishing Industry Organization and Marketing Bill 25 March 1982 5153

Vaughan Yewdale

Blake Bums Casey D'Arcy Davis Eaton Fouras Hooper Resolved in the affirmative.

Noes, 20 Jones Kmger Mackenroth McLean MUlmer Shaw Smith Underwood

Tellers:

Hansen Warburton

FISHING INDUSTRY ORGANIZATION AND MARKETING BILL Resumption of Committee

The Chairman of Committees (Mr Miller, Ithaca) in the chair; Hon. M. J. Ahern (Landsborough—^Minister for Primary Industries) in charge of the Bill.

Debate resumed from 24 March (see p. 5113). Clause 36—Offences—

Mr AHERN (3.54 p.m.): I move the following amendment— "At page 18, line 5, after the words "shall not' add the words—

'for a commercial purpose'." Some honourable members have expressed concern that the transport of fish might have very wide application, but it was always envisaged that it would be for a commercial purpose. The amendment recognises that.

Amendment (Mr Ahern) agreed to.

Mr Gl^ENWOOD: Twenty-four hours ago I thought that when we came to the discussion of this particular provision I would be reluctantly compeUed to vote against it. I pay a tribute publicly to the Minister for his response to some of the problems that were brought before him in the course of the debate. Ideally, it would be desirable to look at the whole of the Bill and try to redraft it. Few members in this Assembly appreciate more than I do the enormous work-load that is being placed on Parliamentary Counsel and his staff, and on the staff whose concem it is to draft the work that comes before this Assembly. It is just not practicable within the next few days to make a thorough revision of the BUl or to amend it in a way that would overcome some of the draftmg problems that have occurred.

A number of the criticisms made about the Bill were criticisms relating to the drafting rather than the basic jwUcy that the Minister is seeking to implement. As I have said, it would be impossible in the course of the next few days to have a thorough overhaul of the draftmg problems in the BiU. It would be rather hke trymg to take the plums out of a plum pudding—it cannot be done.

The Minister has undertaken to make proclamations of exemptions with resped to the concrete problems that become manifest immediately the Bill comes into operation. For that I sincerely thank him. Mention has been made of the problems of delicatessen owners, who would need to obtain certain licences if they stocked kippered herrings or fish fingers in their refrigerators.

Reference has been made to the problems faced by seafood restaurant owners, who by devekiing their prawns before they sell them, would in terms of the Bill seem to require a processer's licence, because deveinmg is treating fish, and those who treat fish for a commercial purpose require a processer's Ucence. There is a problem faced by a grocer who goes to a warehouse and carries back to his shop a few cases of tinned sardines or tinned salmon. It would seem that he would require some sort of registration for his vehicle. Those concrete problems and the problems faced by the ordmary man in the street who goes on a fishing trip and gives some fish surplus to his personal requirements to his neighbour, and might thereby be regarded as supplying fish to his neighbour, are problems that the Minister has undertaken to overcome by way of exemptions under clause 117, pending a review of the Act, as it wiU then be, in the August session of the Parliament.

5154 25 March 1982 Fishing Industry Organization and Marketmg Bill

I thank the Minister for his co-operation. I commend him for the forthright attempt that he has made and is making to solve the problems of the fishing industry. I hope that the attempt that he is making to solve that industry's problems will be crowned with success.

Mr PRENTICE: This clause is the crux of the legislation. Having looked at it and the earlier provisions, I certainly would have objected to this dause. The Minister has given certain undertakings,. He is prepared to consult widely with those of us -who are concerned.

The member for Ashgrove has mentioned that this consideration will take place. He is prepared to accept certain exemptions under the Order in Coundl that wiU be discussed later. Given those actions that will be of great benefit to the industry and small business generally, I support the dause as it stands.

Mr BLAKE: The Opposition has no objection to the amended clause. However, k still requires very positive clarification. Clause 36 (1) is an absolute contradiction of what the Minister stated earlier in the debate. In the Minister's reply at the second-reading stage, he said—

"Honourable members have also sought my opinion on some other matters, and I will make brief reference to them. Some members are concemed that a fishing trawler that shucks scaUops, boils prawns and fillets a few fish will require a processer's licence. That is not envisaged."

Even with the addition of the amendment, the clause is an absolute contradiction of those comments. For that reason, I take exception to it.

In saying that, I am not expressing any support for the nit-picking that was engaged in earlier in the debate by some of the Liberal members. I do not presume to argue against the precise legal arguments put forward by the qualified barristers and solicitors in the Liberal Party. I used the term "nit-picking" advisedly in reference to the spirit shown by the Liberals against orderly marketing.

It is true that the legislation is not very precise. However, no legislation providing for orderly marketing can be very precise. By its very nature it cannot be absolutely precise. Such comments apply to many of the boards and primary industry organisations that have existed for years.

It is true that magistrates and judges interpret the law as it is written and not in accordance wkh arguments put forward to them. I accept that principle. But the fact is that over the years a wide and commonsense mterpretation has been given in the application of orderly marketing. Indeed it must be given.

There is some validity in the argument that the Bill should be as precise as possible. The Minister has said that if the spirit of the legislation is to be retained it is neither desiraT>le nor possible to be more precise at this stage in breaking new ground. To some extent, the legislation is breaking new ground. However, he has indicated that during the August session he would be prepared to accept considered amendments.

Without wishing to argue the precise legal aspects, I must say that the attitude displayed by the barristers and solicitors on the Govemment side indicates their philosophical and political oppKwition to the principle of orderly marketing. They have been carrying on like urban cowboys. Their arguments are not in keeping with the spirit of orderly marketing.

The legislation should be given an opportunity to work. As I have said, the Minister has indicated his willingness to accept amendments if it is found that it is not working as it should.

Mr Eaton: All the legal eagles have gone home and have left their junior counsel in charge.

Mr BLAKE: They certakily have.

The clause represents a complete refutation of the Minister's earlier comments. Clause 36 provides as follows—

"A person shaU not treat fish for a commercial purpose unless he is a holder of a processor's licence granted and issued under section 31.

Penalty: $5 000."

Fishmg Industry Organization and Marketing Bill 25 March 1982 5155

That is a substantial penalty. Even wkh the amendment moved by the Minister, the Opposhion will object to the dause if it cannot be demonstrated that someone in that position can escape the ambit of the clause, perhaps by a permit being issued by a suitable autiiority. The reaUty is that fishermen will fillet fish on their boats, as do members of the Barrier Reef Fishery, for commercial purposes. Prawners also will continue to cook prawns on their boat. The Minister said quke clearly that it is not intended that they will need a processer's Ucence.

A penalty of $5,0(X) could be understood if a processer in the true sense of the word engaged in large-scale operations without a processer's licence. The Minister should attempt to devise a better definition of "processer" Cooking prawns and filleting fish on board are common practices. Honourable members have been assured that fishermen who do that wUl not need a processer's licence, but the clause as it stands—even as amended— clearly says that they will need a processer's licence. Earlier in the debate, when the Minister quoted the words to which I referred, he indicated that the fishermen would not need a ficence. Even in the light of the Minister's amendment, I do not see that the clause supports his contention.

Mr AHERN: It might be useful if I clarify my intentions in relation to this matter. It was never intended to include those people. The definition of "processing" under the Dairy Produce Act covers a simUar situation. Under a later clause relating to Orders in CouncU, I intend to ensure that, in relation to the definition of "processor", an Order in CouncU will be issued to declare that any person who treats fish in the place where it is consumed will be deemed not to be a processer for the purposes of the Bill. It is also my intention to ensure that the operators of licensed fishing vessels on board which fish are treated in the normal way wUl be deemed not to be be processers.

That does not provide a complete answer to the questions raised by all honourable members, but I affirm the truth of what the honourable members for Ashgrove and Toowong have said, namely, that I have given an undertaking about consideration and consultation in respect of amendments to be placed before the August session of Parliament.

Dr SCOTT-YOUNG: Earlier an honourable member said that the Liberal Party was ilk-picking. I disagree strongly with that statement. Members of the Liberal Party are guided by the corred meaning and interpretation of words. I am not legally trained, but when I have difficulty with a word I consult a dictionary. In no dictionary that I have referred to can I find that those gentlemen are in error. Their interpretation is correct. A magistrate will look at the law as it is written, not as it is interpreted by someone when speaking in Parliament. The magistrate will punish in accordance with his interpretation of the written word.

Mr Ahem: Of course, an Order in Council is part of the law.

Dr SCOTT-YOUNG: Magistrates sit on the bench and make their own decisions. The Minister said that he will not proclaim the Bill and will amend it during the

August session. I thought he was being like a person Who has a malignant disease and realises that he has it, but says that he does not have it. There is a malignant disease in this Bill. It will eventually kill the Government and put out of business many people who should not be put out of business. The group to whom I am referring is

Mr Moore: The small fishermen.

Dr SCOTT-YOUNG: The small fishermen, but the main group is the tourist trade operators who take tourists on a fishing trip. Unless they hold at least four licences they will have to tell the tourists to throw the fish back. The operator will not be able to use a pleasure boat or tourist boat for that purpose. When the Minister is reviewing the Bill he should pay particular attention to the tourist boat operators who wUl become bigger and of more importance to the tourist industry as the casinos and other facilities are developed.

In my opinion the so-caUed nit-pickers were correct. They interpreted the word properly according to all the didionaries.

Mr BLAKE: In reply to the honourable member for Townsville—the very reason why, on certain of these points, I asked the Minister for an undertaking was so that it would be clearly illustrated that this Committee can accept the broad sense of the legislation, and any person who is disadvantaged and is well represented by counsel will be able to refer to the undertakings given by the Minister. The Opposition accepts what the Minister has

5156 25 March 1982 Fbhing Industry Organization and Marketing Bill

said. We are seeking that a permk or some form of authority be issued by a prescribed authority. We accept the Mmister's undertaking that that wUl be prescribed by Order in CouncU. That wiU overcome the difficulty we see in clause 36.

Mrs KYBURZ: I am concemed about dause 36 (4) (d) (ii) because k is unnecessarily harsh in regard to the people who may be on board a vessel whilst it is being used for the taking of fish for commercial purposes. It is extraordinarily stringent. I cannot understand why a person, who is not a master fisherman or a community fisherman or the staff or child tjf such, cannot be on board a vessel. It is absolutely ridiculous and utter nonsense to make that stipulation. I hope to see an amendment to it in the August session. If k is not forthcoming, I foreshadow that I will move one. Any person who, at the invitation of the owner of a vessel, wishes to be on board should be entitled to be on board regardless of whether he is a master fisherman, a community fisherman or whatever. I repeat that it is ridiculously stringent.

Oause 36 (4) (2) (a) (ii) provides that the holder of an assistant fisherman's licence must be under the direction of a master fisherman or a community fisherman. It is extremely difficult to understand how that can be policed. The Opposition spokesman displayed his total lack of knowledge of the procedures concerning legislation, because a magistrate will look only at the Act; he will not be interested in the least in what went on in Parliament. He wiU look at the Act, and each and every single word of it is of importance.

Mr Ahem: An Order in Council is part of the law. An Order in CouncU lawfully promulgated under the Act is part of the law.

Mrs KYBURZ: Yes, but I am saying that the speech made by the Opposhion spokesman, which was well off the beam, will not be taken into account by a magistrate. The honourable member displayed a total lack of knowledge of what the legislative process is all about.

Mr BLAKE: I rise to a point of order. I sought a clarification of whether the Minister would introduce something which would, in the spirit of clause 36, legally prove that these people are exempt from the meaning of the clause as it stands, and I was given that. I object to being referred to as having no knowledge of the law or the legislation.

The CHAIRMAN: Order! I ask the honourable member for Salisbury to accq>t the word of the honourable member for Bundaberg that he sought and was given that assurance by the Minister.

Mrs KYBURZ: I am sorry, I need a further explanation of what I accused Uie honourable member of. I simply stated that he does not understand the legislative process in condemning other members for going through the legislation word by word, because that is what the legislative process is aU about. If he does not understand what the verb means then I think he had better look up his dictionary.

Mr AHERN: I feel that I should again darify what I have indicated in respect of the concerns that have been raised. I intend to put this beyond doubt by Order in Council which wUl then become part of the law, and those exemptions will apply. Those matters will then be taken into consideration in a Magistrates Court.

1 think I should once again refresh the memories of members as to what this legislation is all about. Again, in summary, it is to enable a commercial operator to market his fish in three ways, principally by delivery to an office of the Queensland Fish Board, to a co-operative of fishermen established under the Primary Producers' Co-operative Assodations Act or to a licensed processer. That is the essential part of the legislation. There will be some exemptions provided for, and the honourable member for Townsville should refer back to a previous clause and realise that tourist operators and people who conduct fishing trips wUl be given a special licence. But for commercial operatoB that is principally how the marketing of fish wUl take place under the umbrella of this legislation. That is why we have sought to confine aU marketing to those three agendes.

I remind the honourable member for Salisbury again that at the moment it is unlawful to market fish to any premises other than the prenuses of the Queensland Fish Board. That is now the law of the land. After this legislation has been passed there wiH be a legal option to supply a co-operative or a licenced commercial processer.

Mr Burns: And the amateur fishermen wiU be able to do that, too?

Fishing Industry Organization and Marketing BUl 25 March 1982 5157

Mr AHERN: Yes, there is a provision for that to occur, just as there is such a provision in the current Fish Supply Management Act.

Mr Moore: He has to get a licence, though.

Mr AHERN: Yes. The honourable member for Salisbury referred to clause 36 (4) (d) (ii). Those

provisions are a direct lift from the provisions which currently apply under the Fisheries Act; no changes have been made. The argument is, and this applies in every other State, that' if a person is on a commercial fishing vessel whUe it is operating commercially then he is there to be a part of the crew, and the more people on board the greater the potential catch, and with the new licensing situation the idea is to restrict the number of people on board the vessel.

If a person is on a vessel, he has to be licensed. If a fisherman has his wife, daughter, son and another relative on his vessel, they have to have an assistant fisherman's licence, which is easy to obtain. A similar provision applies everywhere in Australia. The honourable member may think that it in some way discriminates against women. I am sure that it does not. This is accepted by the industry, and I have never received any complaints about it. On the contrary, fishermen ask us to really police the provision.

Clause 36, as amended, agreed to.

Clause 37—Powers of inspectors—

' Mr AHERN (4.21 p.m.): I move the foUowing amendment^ "At page 22, after line 12, add the following words—

'(5) An answer made by any person in response to an inspector's requisition that he must answer the questions of the inspector if it tends to incriminate that person in an offence against this Act, shall not be admissible in evidence against that person in any proceeding relating to that contravention or failure to comply.'"

I move this amendment in response to suggestions that have been made to me by honourable members. It wiU bring the powers of inspectors under this legislation into line with those of inspectors covered by other pieces of legislation that have been accepted in this Parliament recently as being reasonable.


Mr HOOPER: I do not think that the amendment goes far enough. I think that this clause is a draconian one. The way I see it, it entails a wide and far-reaching power and could, in the hands of an overzealous inspector, result in considerable disruption to a fisherman's activity; for example, repeated requests without adequate reason, therefore amounting to harassment and inconvenience. I would suggest that a power as wide as this should be given only upon the obtaining of an authority for the requirement from art independent source, because information so obtained, if used indiscreetly, could be to the financial detriment of the fishermen concerned.

The question that I ask the Minister is: What protection has the owner of fish against high-handed, vindictive action on the part of the inspector condemning the fish? The word "order" must contain full particulars of the weight, variety and description of the fish, should the owner wish to challenge whether the fish have been lawfully seized. In all cases of seizure, it is of paramount importance to protect the rights of the fisherman from whom the fish is seized, should it later be shown that the seizure was not lawful.

Mr BURNS: I have some concern about the powers of inspectors. On a number of occasions I have had reason to complain, on behalf of fishermen, about the powers of inspectors. I take the point made by the honourable member for Archerfield. I am aware of people who have had two or three boxes of sand crabs taken by inspectors. When they are charged they find that I i boxes of sand crabs have disappeared and half a box of undersized sand crabs and a box of other sized crabs have appeared on the scene. That has not happened only once; that sort of complaint has been made to me on a number of occasions. There is not much that the fisherman can do. It is his word against that of a couple of inspectors.

17175-169

5158 25 March 1982 Fishing Industry Organization and Marketing Bill

Frequently fishermen see certain boats operating in areas of Moreton Bay that are closed. Inspectors are seen aroiind the area, but nothing ever happens. Other fishermen who go to sea have an inspector hopping aboard at fairly regular intervals.

There must be a right of appeal and a better way to make complaints. I realise that it is much the same as complaints against the police, but the fisherman is placed in a very invidious position. Usually he is at sea either alone or with an assistant fisherman and has no way of making a complaint at the time. I know of cases in which inspectors have taken nets and other gear; in other words, stopped the man from fishing and earning his living. Later on the department proceeds against the man. It might be a long while before proceedings are taken against him. Later it might be decided that there is insufficient evidence to carry a prosecution, but his nets and his fish have been taken. What does he get for that? FinaUy he gets his nets back and is merely told, "Bad luck, mate. We are not going to proceed against you." That is just not good enough.

One of the problems with inspectors of any type is that in many cases the people involved failed to become policemen or have been kicked out of the Police Force. They get some sort of an inspector's job and once they are given a bit of authority they go really bad. I have personal knowledge of some of their actions in Moreton Bay. I am far from satisfied that fishermen have a proper means by which to complain about the actions of inspectors. I do not see that the Bill gives fishermen any further rights in this regard.

Mr UNDERWOOD: On Tuesday evening I raised the question of ciguatera. Paragraph (m) states that an inspector may seize and detain any fish that he is satisfied are unfit for human consumption. I ask the Minister if that includes fish contaminated with ciguatera? How would an inspector determine the presence of ciguatera?

Mr Burns: Or kerosene taint.

Mr UNDERWOOD: That is another problem.

What supervision is currently in train to determine whether prohibited fish fillets-three species are currently prohibited in Queensland because of the ciguatera problem-are being sold in frozen fish blocks? Those blocks consist of skinned and filleted fish of various species. I ask the Minister to comment on that.

Mr AHERN: I will do my best. Yesterday representations were made in respect of some fish that were supposed to be barramundi which had come from Darwin to a Brisbane operator. They were impounded because of a quality problem. There is an inspectorate; there are powers there and as the authority commences to operate I hope there wiU be more inspectors to undertake the sorts of tasks suggested by the honourable member.

The Health Department now has a set of procedures involving a process called electrophoresis which separates the protein complement of the different species of fish so that an inspector can determine whether a sample of fish is barramundi or something else. That is a capacity that is there so that the inspectors, who wUl now be under the control of the authority, will be in a better position to undertake inspections.

Mr Burns: Are samples taken of deliveries of, say, barramundi from New Guinea and Darwin? Are samples taken and tested each time?

Mr AHERN: That is a good example. I do not think the inspectorate is adequate. I wiU be seeking to strengthen the inspectorate. As I said, yesterday an officer rightfully

i.^ie<oA Viic r»rwx7*»ro Qnrl iTnnniindp.ft c n m p ficli I Will UC 2»CCA.U15 IU a i i&i i5 i . i i&i i H i t ijiiap*^v.iuitt

exercised his powers and impounded some fish. I am adv^ed that no test is avaUable to detect ciguatera, so, unfortunately, that is an

area in which sampling cannot be undertaken. Certain species of fish are carriers of ciguatera. The Bill gives power to ban the sale of those species. There is no suggestion from the industry or from the department that ciguatera is not a large and serious problem in respect of which careful action should be taken. The Government is not being cavalier in its attitude. It is not an easy matter on which to take corrective measures. B is just not on to close down the whole reef fishery on the off chance that a very small number of people wUl be contaminated each year. To my knowledge, nobody has ever died from ciguatera poisoning.


Mrs Kyburz: Someone died from it on Hayman Island.

Mr AHERN: I understand that the official coronial inquest arrived at another cause of death.

Salmonellosis is the most common cause of human illness in relation to the ingestion of fish products. That is something that the Health Department and my department will be trying to guard against with the regulations in this section of the Bill.

The honourable member for Lytton worries generally about the powers of inspectors. The Fisheries Act contains a power of arrest without warrant. That is not included in this legislation. I could imagine some of my critics having apoplexy if I had included that power in the Bill.

Obviously, when in excess of 1 000 breaches are proven each year in the Magistrates Court, there is need for an adequate number of inspectors. Honourable members know that there must be inspectors. It should be remembered that two fishing inspectors lost their lives during the course of their duty in the Gladstone area. It is not an easy task. Fishing inspectors in my area recently had the very difficult job of boarding prawn trawlers at sea inside the three-mUe limit. I take my hat off to those men. They did that because that is what they are required to do.

Because inspedors wUl now be working for the authority and the authority will have two fishing representatives on it, there will be a better chance for supervision of the inspectors, to see that they are given the support that they need and to counter abuses that may occur from time to time. I remind the member for Lytton that the major part of the inspectorate is under the control of the Department of Harbours and Marine.

Mr BLAKE: I agree that the amendment is an improvement on the original clause. I raise a purely machinery matter. The amendment inserts a subclause (5). On page 21 of the Bill there is a subclause (4) and on page 22 of the Bill there is a subclause (4). It would appear to me that subclause (4) on page 22 should in fact be subclause (5) and that the amendment proposed by the Minister should be subclause (6). Is that correct?

Mr AHERN: I am advised that there is a printer's error in the Bill. I thank the honourable member for drawing that error to my attention. My amendment will insert a new subclause (6).

Mr BLAKE: The amendment to insert subclause (6) is an improvement. I hesitate to bear heavily on the Minister, but I point out that the second subclause (4), which it is agreed should be subclause (5), provides—

"For the purpose of gaining entry to any place an inspector may caU to his aid such persons as he thinks necessary and those persons, while acting in aid of an mspector in the lawful exercise by him of his power of entry, shall have a like power of entry."

Earlier in the debate I asked the Minister what would be the position of those persons who do not hold an office under the Crown and who may be called in to aid an inspector. What would be the position if those persons were injured or assaulted? I realise that this matter does not come within the Minister's portfoUo, but I should like to know whether the Crown is liable to pay compensation. If such a person was kiUed whUe assisting an mspector to carry out his duty, would an ex gratia payment be made to his dependants? I might add that such a person would have been conscripted into assistkig the inspector.

Mr UNDERWOOD: I should like to clarify one point for the Minister. I refer to the final report of the working group on public health aspects of marine food fish poisoning. That report was published on 25 February 1981 under the auspices of the Worid Health OrgMisation. It sets out the tests that are available. Unfortunately, none has that magic combination of speed, reliability and simplicity. It is not correct to say that no tests are available. The report highlights the need for research. Queensland is in an exceUent position to be able to carry out such research.

Mr AHERN: I take the point made by the honourable member for Ipswich West. As to the matter raised by the honourable member for Bundaberg—I have received

advice from the SoUcitor-General. I am trying to find the bottom line; k is always difficult 0 do that when opinions are given. I think the Solicitor-General is saying that each case


would have to be examined on ks merits and that in certain circumstances the Crown would have a Uability imposed upon k. However, I shall ascertain the correct position and advise the honourable member of it. "

Mr Blake: Thank you.


Clauses 38 to 42, as read, agreed to.

Clause 43—Disposal of fish-

Mr AHERN (4.39 p.m.): I move the foUowing amendment—

"At page 26, omit aU words comprising lines 34 and 35."

This amendment has been moved at the request of those honourable members who felt that it provided for a better understanding of the Bill.


Mr BLAKE: I thank the Minister for this amendment. To be honest, when reading the Bill and trying to digest the lines now proposed to be omitted, the legislation lost me completely. I could not interpret the intention of those lines, or what benefit they would confer if they could be interpreted wkh exactitude. The legislation is much improved by their omission.



Clause 63—Composition—

Mr BLAKE (4.42 p.m.): I move the following amendment—

"At page 33, after line 6, add the following paragraph-^ 'In appointing persons under subparagraphs (c) and (d) the Governor in

Council shall ensure that at least three of those persons are representative of commercial fishermen.'"

I moved this amendment because the Minister indicated previously that three representatives of fishermen will be on the Fish Board, but this clause does not indicate any necessity to appoint three such representatives. The clause does not indicate in any way what the prescribed bodies will be, whereas in other legislation the prescribed bodies are defined. I do not understand why they are not defined. Because the industry is going through a transition period, I assume that when the legislation was framed it may have been thought that by not stating that they would represent fishermen or naming the prescribed bodies, latitude would be available to adjust the composition of the industry structure. However, the fact remains that clause 63 does not guarantee who wiU be elected, despite the Minister's assurance that three of them will represent fishermen. That is the reason why the Opposition has moved the amendment. It will ensure that of the—

"(c) 3 persons nominated by the Minister from a panel of names of persons submitted in the prescribed manner by prescribed bodies;

(d) not less than 3 persons nominated by the Minister"

three will be representatives of fishermen.

Mr AHERN: As I said earlier, it was the intention to do it this way. It is a question of drafting. Therefore, I have no objection to the amendment.

Amendment (Mr Blake) agreed to.

Clause 63. as amended, agreed to.


Fishing Industry Organization and Marketing BUl 25 March 1982 5161

Clause 86—Conduct of markets—

Mr AHERN (4.47 p.m.): I move the following amendments— "At page 41, line 28, omit the expression—

'(3)' and substitute the expression—

'(2)'"; "At page 41, omit all words comprising lines 30 and 31."

The fishing industry considers that this clause gives the board powers that are too wide in relation to the method of sale. The fishermen considered that they should be able to say whether or not their fish should be sold at auction. This matter has been considered by the industry and it seems to be a reasonable amendment.

Mr BLAKE: The Opposition accepts and supports the amendment. The Minister has described the situation quite well. I referred to this provision earlier in the debate. It is too wide a power for the board to have, because it is well known in the trade that fishermen do have some say in the way that their product will be disposed of by the board when it comes within its jurisdiction or reaches the floor of the board.

Amendments (Mr Ahern) agreed to. Clause 86, as amended, agreed to. Clauses 87 to 112, as read, agreed to. Clause 113—Rural Reconstruction Fund—

Mrs KYBURZ (4.50 p.m.): I suppose that this clause is reaUy the core of the philosophy behind the legislation. Although I understand the import and the thrust of the legislation, I am afraid I do not agree with this clause. I understand the reasons given by the Minister in the past for the financial reconstruction of people involved in the fishing industry, and I have also had discussions with him about the financial problems which some fisherpeople find themselves in. However, fishing is different from other rural industries. I have a philosophical objection to fishermen being called farmers, because they do nothing whatsoever to renew the resource.

Mr Moore: They are only harvesters.

Mrs KYBURZ: Exactly. Other farmers plan from year to year so that the resource they have harvested will be there again the following year. An obvious example is wheat. A wheat farmer will ensure that he has planted sufficient wheat to give himself an income for the following year. I have seen very few examples of persons involved in the fishing industry even being concerned about the fact that the resource might be depleting.

Subclause (2) uses the words, "Subject to any Act of the Commonwealth " It then refers to fishing industry reconstruction. But the next clause uses the word "rehabilitation".

My concern, and I wUl be mentioning this in relation to later clauses, is that moneys from the Rural Reconstruction Fund might also cover the various types of assistance mentioned in clause 115. I do not believe that they should. Is the Rural Reconstruction Fund totally Commonwealth funded, or is it partly State and partly Commonwealth funded? Will the Minister also explain what will be the nature of the reconstruction of the fishing industry, and when it will take place? Will it occur because there are too many people involved in certain sedions of the industry? For example, if there are too many trawlers, will some people be "reconstructed" out of the fishing industry with finandal assistance? I do not believe that that should be the responsibility of a Government. If there are too many people in the trawler business, too many people who thought they were going to make a quick profit, then it is on their own heads if they get into financial difficulties and it should not be the responsibility of the taxpayer to bail them out.

Mr EATON: Seeing that the honourable member for Salisbury has raised the point, I want to say a few words about rural reconstruction. It took the Government a long time to agree to class the fishing industry as a primary industry. Fishermen are


subject to seasonal conditions, just as are those involved in agriculture. Although the weather might be too rough for fishermen to go out they still have to live, the same as anyone else. Their industry is governed by health regulations, just as most others are.

Surely we cannot exclude farmers from access to the banking system. It is a Government responsibility to see that the Rural Reconstmction Board and the other financial institutions that will be involved in the future, and should have been more involved in the past, ensure that money is made available to fishermen, too. Fishermen are covered by the fishing Act and the Health Act. From time to time the Govemment has to change the Acts to provide for the welfare of the community as a whole.

In order to comply with the various Acts, fishermen often find that they have to outlay large sums of money to bring their boats or processing plants up to an acceptable standard.

Mr Blake: They face lean seasons, when the most efficient operator is not able to make a living.

Mr EATON: That is true.

One of the things that we must not do, particularly in this industry, is kill incentive. Fishermen must be given an incentive. During the boom period in the fishing industry over the last few years, people in private business were investing their money in prawn trawlers and other fishing boats so that they could have nice seafood on their table when they threw a party. They were not worried that they were operating at a loss; they could get tax concessions.

Mrs Kyburz: Why should they be able to apply for funds?

Mr EATON: Because they are engaged in a primary industry. The Bill brings this industry into Une with other primary industries, such as the dairying, tobacco and peanut industries. The professional fishermen who depend on the industry to make a living must be able to get a return on their investment. They have had to compete with cane farmers, doctors and others who have bought shares in prawn trawlers and other fishing boats as a tax dodge and have received tax concessions. Those people can afford to produce an article at a loss. The men whose living depends on fishing cannot compete with them. That is why an avenue of assistance must be available to them. Their incentive should not be killed.

The people who have made fishing their livelihood must be protected. The State Government and the Federal Government must make more money available for the fishing industry. If they do not make the financial institutions work properly for the benefit of fi,shermen, fishermen will get into trouble, not out of it.

Mr BURNS: I strongly support any move to provide cheaper finance for fishermen. One of the great problems in the fishing industry has been that far too many fishermen have never been able to raise sufficient funds to buy the more modern equipment and gear that is necessary for them to make a living in today's society. The 16-foot dinghy wkh an inboard motor and a couple of net dinghies behind is almost a thing of the past. Already the Queensland Fish Board is saying, "We really do not want you to bring in any mullet this year." For years, the board has been more interested in the prawn trawlers and deep-sea boats.

Complaints have been made about the importation of gem fish and sea perch. New Zealand caught the orange roughy and, in co-operation with the Russians, was able to turn it into a acceptable retail and restaurant-trade fish. That began to destroy our fishing industry. Maybe there is an argument for reducing trade between Australia and New Zealand, just as there may be an argument for reducing the barramundi trade between Australia and New Guinea. If we want our own fishermen to succeed in the industry, the first think we must do is assist them to get some money.

No-one should suggest for a moment that it is easy to obtain rural reconstruction finance. On a couple of occasions I was involved with dairy farmers and others who were trying to obtain finance from the Rural Reconstruction Fund. They had first to prove that they had been to their bank and just about every other financial institution. When they could not get money from the loan sharks and everybody else, they were considered for assistance from the Rural Reconstruction Fund.

Fishing Industry Organization and Marketing BiU 25 March 1982 5163

By the time that the Rural Reconstruction Board is prepared to advance the money, k is too late. Most certainly the board is a place of last resort and usually k is just too late. More finance should be provided for fishermen, not just by way of reconstruction. The State needs a fishing industry and the Government ought to put some money into it.

It is no use arguing whether or not fishermen are farmers. In many cases fishermen probably have a more difficult task than farmers. Many commercial fishing areas are closed at week-ends. Sometimes fishermen will wait all week and watch a large school of fish moving up the coast. On a Friday night it might move in close enough for a net to be put around it, but the fishing area is closed for the week-end. When the commercial fishermen return on Monday the fish have either dispersed or the weather has deteriorated so much that the fishermen cannot get out to the fish. That sort of thing happens regularly.

The fishing industry is more subject to droughts than many rural industries. In long droughts fish move up the rivers to places that are closed to netfishing. After floods or wet weather the fish that have been breeding in the rivers and around the mangroves are washed out to more open waters. There is a better chance of catching fish after wet weather than there is during drought. Those seasonal conditions, additional to those experienced by the man on the land, confront commercial fishermen. This is probably one of the better provisions in the Bill, and I would like to see it made even stronger so that more money could be made available.

Mr HANSEN: I agree that this provision has been needed for a long time. When we speak of financial support for the fishing industry, we should consider more carefully the subsidies given to overseas fishermen whose imports compete with local products. In many cases subsidies are made on the basis of the size of boats and on a percentage of the weight of the catch. We should also look at the subsidies given to fishermen in South Africa, the North Sea and Scandanavian countries. In many cases subsidies are given for the construction of boats and the purchase of nets and other gear. Some overseas fishermen have more favourable insurance conditions. All manner of assistance is avaUable. I am sure that the Minister knows of those types of assistance but I mention them for the benefit of other honourable members.

The clause provides for a Rural Reconstruction Fund, but I ask the Minister if it depends on money being made available by the Commonwealth. I know that not long after the Minister took over his portfolio he went into bat for fishermen and promised to get more money for them through the Agricultural Bank. But he could not get the funds from the Commonwealth. I ask the Minister if that is correct?

Mr Ahern: No, you are not quite right. I will put you right in a minute.

Mr HANSEN: It is my understanding that money was not made available to fishermen.

The interest rate at that time was 12i per cent and I am not sure if that has increased since then. But that money is available to fishermen only after all other sources of supply have been exhausted. I know numbers of fishermen who in recent times have updated their equipment by getting some money from the Commonwealth Bank and some from the Development Bank, and then borrowing something like $10,000 or $15,000 from a hire-purchase company to purchase an engine and the rest of thek gear.

The whole purpose of the Rural Reconstruction Fund was to amalgamate debts to provide a better way of servicing them. I support whole-heartedly what is being done, but I wonder if it is contingent upon the Commonwealth Government's coming to the party.

Mr AHERN: When the fisheries section was passed to the Department of Primary Industries, the fishing industry was in favour of being treated alongside other primary industries in the State. There was a good reason for k and certainly the fishermen are strongly in favour of k. That is the philosophy behind these quke substantial changes that I have placed before the Parliament and the industry.

The honourable member for SaUsbury and I will have to agree to disagree. In any fvent, I respect her arguments but do not accept̂ themi There is very good argument in support of what has been done. The Primary Producers' Co-operative Assodations


Act and the Agricultural Bank (Loans) Act have been amended. The fisheries legislation is now being amended to give access to rural reconstruction funds. It is not true to say that the Government has not honoured its intentions. Under the Agricultural Bank (Loans) Act, at least $lm has been made avaUable to fishermen for carry-on purposes. That is Sim that they did not have before, and it has been greatly appreciated. However, it is not enough. I would have liked to see more money provided, but Agricultural Bank funds are limited. At present, there are substantial waiting times. I hope that in future k will be possible to make more funds available under the Agricultural Bank (Loans) Act.

There is a very great need in the industry for debt-reconstruction moneys. Under its charter, the Agricultural Bank cannot provide them; they must be provided from the Rural Reconstruction Fund. Under that fund, moneys are made avaUable by the Commonwealth to the States for that debt reconstruction. Some money is provided by way of loan over a term; some of it is made available as a grant. It goes into a fund, and the fund revolves. Money is made available for purposes stipulated under the Farmers' Assistance Act on conditions agreed upon in the Commonwealth/State arrangement. A ministerial council, of which I am a member, overviews that work. The moneys made available each year have been restricted in recent times. Although the honourable member for Lytton says that nobody gets it, a great number of primary producers in the State receive it, and they need it. Primary industry organisations say, "Don't interfere with it." That finance is a very important part of primary-producer policy in this State. It is vitally important that it continue.

The fishing industry is short of money. It has always been my understanding of the fishing industry that although the enabling legislation ought to be introduced as soon as possible, no moneys could be made available until the Commonwealth provided finance. The industry assisted in the preparation of submissions that I took to the Melboume meeting of the Ministers who overview rural reconstruction matters. With the assistance of my Northern Territory colleague, Roger Steele, who was in the gallery today, I presented a very substantial case to the Commonwealth Government for assistance. It was admitted that a very substantial case had been made. However, at the time the razor gang had just had its meetings and substantial cut-backs were made in aU areas and everybody had to shoulder his burden. I was told, "You have made a very strong point. We want further information because we understand that you have a substantial problem."

In the near future another meeting wUl be held in Canberra. At the meeting I will press further the case on behalf of fishermen. I wiU have the necessary legislative machinery to distribute that money as soon as the funds are available.

Those matters are matters of complete understanding between ourselves and the fishermen's organisations. The president of the fishermen's organisation is in the gallery. He will affirm that these matters have been matters of understanding all along. The fishermen have never been led to believe that funds would be made available from the Rural Reconstruction Board funds immediately the Act was amended. That is not on, because there are insufficient funds for that purpose. I am optimistic that the persuasive arguments that have been put before the Commonwealth wUl be successful at some time and that I will be able to assist in meeting a very substantial need that exists in the fishing industry in Queensland.

Dramatic social problems have been caused as a result of people losing their life's savings, their house and their car and being forced to live with their in-laws. That appals me. I would like to help them. This is the avenue through which help can be given. I would like to provide the help. The Government has given me support by providing funds made available by the Commonwealth.

Clause 113, as read, agreed to.

Clause 114—AppUcation for financial reconstruction—

Mrs KYBURZ (5.10 p.m.): I understand the Minister's explanation of the previous dause. As he said, he and I agree to disagree. I must say that he has been extremely understanding ki discussing the whole BiU and the individual worries that my colleagues and I have.

Fishing Industry Organization and Marketing BiU 25 March 1982 5165

My concern at this clause centres on the last part of subclause (I), which reads— . for his rehabilitation upon his ceasing fishing operations or for any other

purpose of fishing industry reconstruction." I may be misconstruing the meankig of the word "rehabilitation", but surely the

rehabiUtation of a person after he ceases to operate in a particular industry is his responsibility. If a fisherman decides to leave the fishing game, it should be his responsibUity to

consider his retirement and his future. He should not be able to turn to the Government for assistance. I cannot think of any other business—fishing is a business—in which a person can say, "I am not happy in this. I want to do something else, and I want to be paid to get out."

An analogy can be drawn between prawn-trawling and shopkeeping. It may weU cost $100,000 to buy a shop and to stock k. If, because of ill-health or heavy debts, the shopkeeper decides to leave his shop, that is his responsibUity.

The Minister mentioned the social problems that can be caused by the financial difficulties in which some fishermen find themselves. I am sure that the Minister's comments are quite valid. No doubt some people have overcommitted themselves to finance companies and are paying off loans at ridiculously high interest rates. I am sure that many such persons find themselves in difficulty socially and lose their house. But that happens in many other kidustries. Indeed, it happens in all walks of life. Surely, though, it is the individual's responsibiUty. People should consider that they might not make a profit and that they might get sick. They should also consider that they have no-one else to tum to.

I am concemed also about the use of the words "from time to time for assistance for debt reconstruction". How many bkes at the cherry will the fishermen have? WiU they be able to reapply for assistance?

FinaUy, what wiU be the interest rate that is charged if a loan is granted? It must be a market rate and not one that is subsidised fully by the taxpayer.

Mr AHERN: The interest rate wUl be determined by the moneys that are lent to the fund by the Commonwealth. We will be pressing for concessional interest rates as much as possible.

I advise the honourable member that the rehabUitation concessions in the BUl parallel those in the Farmers' Assistance Act. Although it may appear that the Bill provides for the setting up of a very large beneficial agency, it is a very practical step. It wUl work weU for those people who are absolutely desperate and have no other course open to them in seeking assistance. It has worked well in the mral industry. I want this rehabilitation provision in the Bill. If the honourable member were to be beside me while I interview people who are in desperate need of assistance and who seek it, she would see the reasons for the inclusion of this provision. It works weU in mral industry.

I invite her to come to the Rural Reconstmction Board with me some time. We might have lunch down there.


Mr AHERN: Honourable members should visit the agencies more often tO' talk with the officers. If they are concemed about anything, they are very welcome to talk to the professional officers about the operation of schemes and some of the problems that are dealt with from time to time. I am sure that we would all be better off if they did that.

Mrs KYBURZ: It is obvious that the Minister is assuming that I do not have as broad a knowledge as he does. Obviously that must be so, because he is in charge of these matters. He knows that a few of my constituents have applied to the Rural Reconstruction Board. I agreed with the mlings made by the board. Those people were unable to show financial or management expertise, nor, indeed, could they show why they should get the money. The board's decisions are usually made on a fairly firm financial basis.

I should like the Minister to explain why the word "rehabilitation" is used. Its meaning IS very different from that of the word "reconstmction", and that is what concerns me. Does it mean, for example, that a person may be retrained for another job? That is usually what is meant, particularly when people of mature age are involved. If it means that a person can be retrained for another job, what sort of position might he be seeking that he should have to apply for funds to do that?

17175-170

5166 25 March 1982 Fishkig Industry Organization and Marketmg Bill

Mr AHERN: This wiU have to be determined by the board on the merits of each case. It is a very small component of the board's operations. From time to time the need for this type of help is obvious to aU. Some little assistance is.available for retraining to help people out of very difficult circumstances. It is a very good, sensible approach. Because it works very well in rural industry, I see no reason why it should not work weU in this. The honourable member and I will Have to agree to disagree. I support this principle very strongly.

Qause 114, as read, agreed to. Qause 115^Assistance designed to continue fishing operations—

Mrs KYBURZ (5.18 p.m.): I am concerned about this clause because it seems to be extraordinarily generous that a fisherman should be able to apply to the board from time to time when he intends to retire from fishing operations on the grounds of advanced age, ill health or on any other grounds. I do not understand why fishermen cannot take out private insurance or superannuation to cover that. Why should such a provision be in the legislation? I do not know of any other legislation of this type in which it applies.

The provision is extraordinarily generous., People in any other type of business cannot apply for Government assistance. Why should the taxpayers be helping a fisherman who is advancing in age or is in ill health, if he has not taken precautionary steps himself against those eventualities?

I listened carefully to the honourable member for Mourilyan. I understand his concern about the vagaries of the weather and so on, but a person's age or health should, not have any bearing on his being able to apply for financial assistance.

Mr A H E R N : The first legislation that I introduced into the Parliament as Minister for Primary Industries contained an amendment to the Farmers' Assistance Act to enable family adjustment to occur. Clause 115 simply brings into the legislation exactly the same provisions as apply under the Farmers' Assisitaiice Act. It is working extremely well and makes it possible for many young people, who would otherwise not have been able to do so for a number of years, to obtain management positions on rural properties. It has been appreciated greatly by rural industry generally, as it will be appreciated by the fishing industry if the Commonwealth makes the funds available.

Mrs KYBURZ: Does that mean that an application for financial assistance can be made by a fisherman who is intending to retire, etc.? Does it mean that that financial assistance can be passed down to a relative? That is how I construed the Minister's remarks. If it means that younger people can enter the industry, as is the case with young farmers in rural industry, how will it help the fisherman who is retiring owing to iU health? Why should the board come into k?

Mr AHERN: To understand this matter, it might be as well to read the rationale behind the amendment I introduced to the Farmers' Assistance Act. In practice it means that a father is provided with money to sell out to his sons and daughters. Farm buildup is provided in that context. Rather than sell his property on retirement to another party, he can realise on what is his insurance, his life's investment in his property; in this case his boat, which might cost more than a property. It can be. achieved wkhout social dislocation. He is able to pass it on to his sons and daughters. The board will ensure that something silly is not being done. Each case will be judged on its merits. The board will maintain a close overview to ensure that the terms of the Act are met.

Clause 115, as read, agreed to. Clause 116—Assistance for financial reconstruction—

Mrs KYBURZ (5.23 p.m.): I understand that the board can ensure that k has a lien over an estate, etc. Paragraph (a) reads—

"shall be given upon and subject to such terms and conditions and, where security is taken ,"

What sort of security and what form may that security take? I understand the Minister's explanation that the board will be stringent, and that is excellent. As the Minister said, some of these people are in severe financial difficulties. They may not have real estate or any other form of security. Therefore, can the board guarantee that the loan will be repaid?


Subclause (3) reads— "All moneys advanced by the Board under this Act together with aU interest

charges payable thereon over an estate or interest of the master fisherman." What will happen if the fisherman, as a private individual, declares himself bankrupt? Will the board have to apply to the Bankruptcy Court and go through the usual procedures to recover the loan? If that is so, it would be only a partial recovery. This is of grave concern. It is not that many fishermen will be in that financial position, but I should like the board to have a guarantee that it can reclaim some of the loan.

Does the last part of the clause stipulate that the board may be able to take, as security, a mortgage over a property which is already paid off—for an example, a farm or a house? Can k be any other form of real estate or any other business?

If these matters are cleared up, with the guarantees that the Minister has giveri to further discuss the legislation, then I have no objection and will not in fact be calling for a division on any other clause.

Mr AHERN: The security will be the normal types of security such as a bill of sale over a boat or a mortgage on any other property owned by the person concerned. The board must follow the normal processes and take its turn after other secured credkors. This is the way it normally operates and, surprisingly, the number of bad debts wrkten off by the Rural Reconstruction Board is not extraordinarily high at the moment. So it will be done carefully to ensure that the bad debt position which is provided for in the Commonwealth/State agreements is kept to an absolute minimum. I think the honourable member has probably overlooked the capacity to have a bill of sale over a boat, which is quite a considerable security avaUable to the board.

Clause 116, as read, agreed to. Clause 117, as read, agreed to. Clause 118—Effect of constitution of district on powers of Local Authority—

Mr WARBURTON (5.26 p.m.): This clause concerns the effect of the constitution of a district on the powers of a local authorky, and it states—

"Notwithstanding the provisions of any other Act, upon the constitution of a district, a Local Authority whose Area or part thereof is included in that district shaU not exercise or perform within that district any power, authority, duty or function in respect of the establishment, maintenance, regulation or conduct of a market for the sale or supply of fish."

If we are talking about the powers, authorities, functions and duties of local authorities then certainly we must consider this clause to cover the position of ordinances, by-laws Or any other functions that are normal to a local authority.

I well recaU the position in Sandgate, for example, when a Fish Board depot was situated there and the way that that depot, which was on harbour board land, was allowed to virtually disintegrate. It was a disgrace, not only to the department but to the district. I am suggesting here that it is possible that this provision takes away from local authorities quite a lot of their powers in respect to a market. A market is defined as being a place "established under this Act and includes the lands, improvements and works appurtenant to or provided for or used for or in connexion with that market."

I had some doubt about the meaning of this clause, and having seen that definition It seems that there is no doubt that what the Minister intends is to take away from local authorities all powers in respect of the establishment of a market-place, which could mean a fish depot or something of that kind. If that means that the Minister is overriding town-planning provisions or that the public will have no say if the market IS contrary to what they consider to be in the best interests of the environment, then It IS not a good provision. If it is something else I would like an explanation from the Minister.

, }f^ AHERN: There is no intention for that to be the position, nor would it "e the position in law that the ordinances and by-laws of a local authorky would not apply.

The dause is designed to prevent a local authority establishing a fish market in an area. Apparently local authorities have this right at present. Where the authority decides 0 declare a district, the only markets that will be able to be established in that area

5168 25 March 1982 Fishmg Industry Organization and Marketing Bill

will be those licensed by the authority. But they will still be subject to the normal town-planning provisions, health ordinances and so on. I am advised that at the moment local authorities have a capability to establish their own markets. They will not have that capabUity when this legislation is proclaimed. That power will pass to the Queensland Fish Management Authority.

Clause 118, as read, agreed to. Clauses 119 to 121, as read, agreed to. Clause 122—Offences generally and penalty—

Dr SCOTT-YOUNG (5.31 p.m.): This is an intriguing clause because k refers to inspectors who are given almost dictatorial powers. They are being given powers of arrest, powers of interrogation and even powers of confiscation. I wonder whether powers of "verballing" are included.

I wonder how frustrated the Opposition must feel about a clause like this. I am most frustrated about it. The whole purpose of this Parliament is to administer justice evenly and fairly across the whole community and not to give excessive powers to any individual. Under this clause, the inspectors, in respect of whom no qualifications are written into the Bill, are being given excessive powers, which could be abused and be most detrimental to the peaceful operations of the ordinary fisherman.

Mr AHERN: I can only repeat that the inspectors will now be working under an authority, on which the industry wiU be represented. If an inspector exceeds his powers under the Act, the authority wUl be in a position to deal with him accordingly. 1 understand that a similar provision was included in the Fisheries BUl and other Bills that have been passed by this Parliament.

Mr MOORE: Subclause (2) refers to a person who fails to do that which he is directed or required to do by an inspector. If an inspector tells a person to do something, no matter how ridiculous, and he refuses to do it, he will be in breach of this Bill, and the penalty for such a breach is $1,000. I do not know why the Parliamentary Counsel and the officers of departments who draft this sort of legislation do these things. Every day in this Chamber we see legislation under which departments use a sledge-hammer to crack a nut. One freedom after another is taken away. Surely any draftsman could come up with a better provision than this one. The words "fails to do that which he is directed or required to do" should not be included in the clause.

Mr INNES: I wish to speak very briefly to this clause. In speaking in this debate for the first time this afternoon, I also wish to thank the Minister for agreeing to review in the forthcoming weeks the general matters of objection, and particularly the matters of detail, and to make certain exemptions of the practical type to which we have referred.

This clause contams a provision that I feel deeply is unacceptable in any Act of the Parliament of this State. Members of the PoUce Force, who have to deal with the most serious crimes in the land, can assume only certain powers. Those powers include the right to attempt to question, and involve the right of a person to stay silent to avoid self-incrimination and an obligation to give only a name and address in certain circumstances. Under the Traffic Act police are entitled to ask a person to move on. But legislation always specifies what the person is supposed to do. Blanket powers are not given to the Police Force and nor should they be given to any inspector under any Act, because an inspector in acting under an Act is not acting only with persons in the industry but with people at large.

I have no doubt that powers of this sort can be found in other legislation, much of which was conceived by Governments not of our persuasion, but perhaps they have been rarely abused. In general terms the Parliament must work out what it wants people to do, detaU that in legislation and then apply the penalty. No man should be given such powers—powers which a small German gentleman during World War II would have been proud to have—including the power to direct anything or to penalise somebody for doing anything that he is forbidden to do by a person who is called an inspector.

Those powers are not given to Parliament and Parliament should not delegate them to any person who is called an inspector under the BiU. This is one of those makers that should be urgently reviewed in this and other legislation before the August sittings.

Marine Parks BiU 25 March 1982 5169



Clause 129—Reports to Minister—

Mrs KYBURZ (5.37 p.m.): My concern with the clause is fairly minor and relates to something mentioned by the honourable member for Sherwood. The clause provides that the authorky or the board must make a full report to the Minister on the matters that are listed in the clause. I ask the Minister whether he would consider an amendment to add after the word "Mmister" the words "and to Parliament" I realise that usually the Parliament receives a report from the Queensland Fish Board, but that requirement should be stipulated in the Bill. The Bill should provide that members of Parliament receive a full report that stipulates the finances of the board, its expenditure, the administration of the authority, the business conducted by the board and any other matter. Tlie dause should stipulate that the report be furnished to Parliament.

Mr AHERN: I am advised that clause 108 contains a requirement that the reports that are presented to the Minister are required to be placed before ParUament, so that provision is contamed in an earlier clause.


Clauses 130 to 133, and schedules, as read, agreed to.

BiU reported, with amendments.

Third Reading Bill, on motion of Mr Ahern, by leave, read a third time.

MARINE PARKS BILL Second Reading—Resumption of Debate

Debate resumed from 23 March (see p. 4944) on Mr Bjelke-Petersen's motion— "That the Bill be now read a second time."

Mr CASEY (Mackay—Leader of the Opposition) (5.41 p.m.): Once more there has been insufficient time for honourable members to properly consider legislation. The Bill was introduced on Tuesday. Since then ample opportunity has not existed to submk the BUl to relevant community organisations interested in the matter to examine and to report back to all members of Parliament so that they can discuss the matter with proper information at their disposal. That happens far too often. Because of the amendments suggested in the report from the Standing Orders Committee, it may well be that that practice will stop.

Mr Bjelke-Petersen: It is a plain, straightforward, simple Bill, easy for the average person to understand.

Mr CASEY: That may be so. Because we have had insufficient time, we must accept the Premier's word about the intent of the Bill.

I admit that my own examination of the Bill has revealed that the Bill is fairly plain and straightforward. It covers an area of Queensland about which considerable legal doubt exists on controls. I point out also that it involves an area of Queensland over which there has been considerable delicate debate on various matters in recent years. The community is uncertain whether some of Queensland's offshore lands are controlled by the Commonwealth or the State. One thing that is certain is that the community wants such controls.

In these days of an enlightened community, the importance of Queensland's offshore areas is fully realised. They are important as fish habitats and they play a vital role in the ecology. They also provide a pleasant environment for visitors. Furthermore, tney play an important part in industries such as fishing. The community wants to ensure that adequate controls exist over Queensland waters and its tidal lands. In the past I have referred to the extensive tidal movement off our shores. Large volumes 0 water move backwards and forwards with the tide and have a profound effect

5170 25 March 1982 Marine Parks Bill

on our coastal and offshore areas. They also have a very strong influence on our weather. I am convinced that the temperature of our tidal waters has a marked effect en cyclonic patterns.

People do not care whether it is the State or the Commonwealth that exercises control over tidal lands that lie off shore, as long as they are controlled. Queensland has the most important offshore areas in Australia. Many people do not realise the vastness of our reef.

Recently I had the pleasure of flying in a float plane to a secluded atoll located out on the Great Barrier Reef, miles away from the areas usuaUy visited by tourists. It was a magnificent experience to visit such a section pf the reef, and to be able to alight on a coral lagoon and to observe the natural art forms that abound, undisturbed by man. Without wishing to sound emotional, I claim that such an experience really brings one close to God and nature.

Other vast areas of Queensland will be covered by this legislation. One only has to fly oyer Princess Charlotte Bay and along the eastern coastline of Cape York Peninsula to realise the vastness of the tidal flats in that part of the State. Likewise, the mangrove areas along the shores of the Gulf of Carpentaria are vast areas. I sincerely hope that the Bill will protect them and will ensure that they remain in their natural state. The whole of Queensland's coastline has an integrated ecology, and those areas play a very important part in that ecology.

The Bill gets away from some aspects of the Great Barrier Reef Marine Park Authority's functions and covers all other tidal lands in Queensland. That is most pleasing. The Premier said that in some respects the Bill mirrors the work of the Great Barrier Reef Marine Park Authority. My observations show that that is so. So the Bill wiU give a double guarantee, as it were, that the areas specified in the Bill will be preserved. At least, I hope that is the case. As I said earlier, I accept the Premier's word. I hope that the Bill is not designed to create a barrier in the way of the Great Barrier Reef Marine Park Authority.

I am very pleased to note that the Bill mirrors the authority's legislation and allows submissions to be made to the Co-ordinator-General in relation to the intention to establish a marine park. The Bill will allow all interested organisations to place their submissions before the Co-ordinator-General and the authority that will be clothed with the responsibility of implementing the provisions set out in the Bill. I suggest that the Bill or the regulations should provide for some form of hearing at which persons will be able to make submissions or to object to submissions put forward by others. The provision of such hearings is a very fair method of allowing all sections of the community to be heard.

Recently when I was in TownsviUe and Cairns I was amazed to see the large number of people who attended seminars conducted by the Great Barrier Reef Marine Park Authority to put forward their submissions.

An important aspect of this legislation, and one that I commend, is that providing for parliamentary protedion of the declaration of reef areas. Any action taken by the Governor in Council or by way of Order in Council or regulation will be subject tO' the scmtiny of Parliament and can be objected to within 14 sitting days. More importantly, provision is made that any revocation order must be placed before Parliament. That is a very important principle and one that should be embodied in more legislation.

One area of concern surrounds the unlawful use of the term "marine park" I can well understand the reason for the inclusion of the clause and the penalty provisions. Quite clearly the onus of proof is reversed, because the Bill provides that anybody who unlawfully uses the term "marine national park" is considered to have committed an offence until the contrary is proved. Because that is the reverse onus of proof, the provision should be looked at very closely. The Government should not cut across the ordinary principles of justice in Queensland in such a way that this legislation becomes a bar to what the Premier said—with which I agree, from my observations so far—namely, reasonable, good and straightforward legislation. Because of that provision I approach the Bill very cautiously. I agree with the concept of the Bill but there are certain problems in k that the Premier should look at.

I am glad to note the specific principle in the Bill that binds the Crown. The Crown will not have overriding power, as it does in so many other cases. If it wants to take action it must come back to the Parliament.

Marine Parks Bill 25 March 1982 5171

As I said earlier, there are cross references in the Bill to many other Queensland Acts. Because I have not had time to examine the provisions carefully, I reserve judgment on them. The Opposition will closely monkor the working of the legislation and the regulations made under it.

1 sincerely hope that the community, takes a close interest in the legislation. I note that the Bill contains no prohibition on the mining of marine park areas. I sincerely hope that it is legally tight enough to cover mining, because the people of Queensland are very concemed about tidal lands that they can use in many ways, apart from the marine park and reef areas. I am sure that the people of Queensland do not want any of these areas despoiled in any way.

The Opposition is adopting a cautious approach to the legislation, believing what the Premier said, namely, that it is straightforward legislation. If it operates as it should, it will be of great benefit to Queensland.

Hon. J. BJELKE-PETERSEN (Barambah—Premier) (5.53 p.m.), in reply: I thank the Leader of the Opposition for his practical contribution and his views, which mainly conform to those of the Government. The intention of the Bill is to provide for the setting aside of tidal lands and waters as marine parks. As the honourable gentleman said, that is vkal. This legislation applies to all of the Queensland coastline, not just the Barrier Reef area. As the honourable member said, that is important.

At the moment, the Commonwealth has power, under its Great Barrier Reef Marine Park Authorky, over an area extending only to the low-water mark. The Bill covers the gap between the low and high-water mark. That is an important area for marine conservation. The BiU mirrors the Commonwealth legislation.

Motion (Mr Bjelke-Petersen) agreed to.

, Committee Mr Powell (Isis) in the chair; Hon. J. Bjelke-Petersen (Barambah—Premier) in charge

of the Bill. Clauses 1 to 8, as read, agreed to. Clause 9—Interpretation—

Mr BURNS (5.56 p.m.): Clause 9 (b) reads— "sea that is on the landward side of any part of the territorial sea referred to

in paragraph (a) and is within the area referred to in that paragraph but is not wkhin the limits of the State"

Could the Premier explain what that means and what seas and waters would be covered by that provision?

Mr BJELKE-PETERSEN: I wiU have to obtain an explanation and give it to the Honourable member later. My officers are Unable to give me an explanation at the moment.

Clause 9, as read, agreed to. Clauses 10 to 23, as read, agreed to. Clause 24—Unlawful use of expression "marine park"—

Mr CASEY (5.57 p.m.): I draw specific attention to this clause, which relates to the unlawful use of the expression "marine park". Subsection (2) states clearly that a person who publishes a statement or advertisement commits an unlawful act until the contrary is proved. I am concerned , about the onus of proof.

Mr BJELKE-PETERSEN: I think that the clause sets out the position fairly clearly. That is as it ought to be. Anybody who publishes or advertises ought to accept responsibility.

Mr Burns: Does that cover the tourist marine parks such as the ones at the Gold Coast?

Mr BJELKE-PETERSEN: The question raised earlier by the honourable member for Lytton dealt with part of the Commonweahh/State agreement.

Clause 24 provides protection against misleading claims made by speculators. As my officers point out, that is its main purpose.

5172 25 March 1982 Land Ad (Aboriginal and Islander Land Grants), &c.. Bill

Mr Casey: I appreciate the need to do that. People will try to use it for their own personal gain and benefit. I am concerned that the onus of proof is reversed. I do not care for some of those developers. You can hit them as hard as you like.

Mr BJELKE-PETERSEN: Sure, but I think that the Leader of the Opposition will find that, as it is set out, the Bill will prove to be satisfactory. If it does not work, it can be amended. It is believed that it wUl be effective.

Clause 24, as read, agreed to. Clauses 25 to 30, and schedule, as read, agreed to. Bill reported, without amendment.

Third Reading Bill, on motion of Mr Bjelke-Petersen, by leave, read a third time.

[Sitting suspended from 6 to 7.15 p.m.]

LAND ACT (ABORIGINAL AND ISLANDER LAND GRANTS) AMENDMENT BILL Hon. K. B. TOMKINS (Roma—Minister for Water Resources and Aboriginal and

Island Affairs), by leave, without notice: I move— "That leave be granted to bring in a BiU to amend the Land Act 1962-1981 in

certain particulars and to amend the Forestry Ad 1959-1979 in a certain particular and for other purposes."

Motion agreed to.

First Reading BUl presented and, on motion of Mr Tomkins, read a first time.

Second Reading Hon. K. B. TOMKINS (Roma—Minister for Water Resources and Aboriginal and

Island Affairs) (7.16 p.m.): I move— "That the Bill be now read a second time."

The decision by the Queensland Government to grant title of community reserve lands to elected local councils of the Aboriginal and Torres Strait Islander people is another significant step towards the integration of all Queensland's people into a homogeneous, multiracial community.

Aborigines and Islanders have come a long way in a relatively short time, with almost half of Queensland's 57 000 Aborigines and Islanders already living within the mainstream of society. The objectives of the Queensland Government are directed at ensuring that Aborigines and Islanders have the same rights, privileges and responsibUities as every other Queenslander. This wiU be implemented by this BiU and detailed services legislation to be introduced later in the year.

The elected Aboriginal and Islander councils wUl hold title to the present community reserve lands through what is called a deed of grant in trust under the existing Land Act provisions, as modified to meet the circumstances. This deed is granted to the elected councils, which will act as trustees of the land for the general benefit of all Aborigines and Islanders. These tmstees wUl act as owners of the land and wiU possess the powers to moye against abuses and take action in the protection of such lands. Such elected councils will enjoy by-law making powers, with all that that implies.

The title to the lands will be enrolled at the Titles Office in Brisbane, Rockhampton or Townsville. Deeds of grant in trust will be issued to the councils as tmstees for an indefinite period. The councils will be able to grant leases and easements with the approval of the Minister for Lands.

The Government's policy is to encourage Aborigines and Islanders to achieve self-respect, self-achievement and confidence to manage their own affairs, whether in business or in other self-supporting activities. In support of this objective, later this year detailed services legislation will be introduced which will cover the provisions of services to these people on the basis that they will not lose anything which they presently enjoy.

Land Ad (Aboriginal and Islander Land Grants), &c.. Bill 25 March 1982 5173

The existing Department of Aboriginal and Islanders Advancement will be restmctured to become a services organisation.

It should be stressed that the State's new policy on land does not disrupt or end any service now provided for the benefit of reserves and does not prevent Aborigines or Islanders from entering into their own private arrangements to purchase and develop land or businesses anywhere in Queensland on the same basis as those already living in the community's mainstream.

The Government has maintained over many years continuing and close consultation with the elected community councils that have a direct responsibility to and for the people resident wkhin the reserves. I propose that this will continue, and, indeed, over the next few months extensive consultation wiU proceed to ensure that the services to be provided not only maintain all that is presently enjoyed, but extend to meet the desirable objectives I have mentioned earlier. This will be provided for as necessary in the services legislation.

1 have already outlined the fundamental purposes of this BiU, and that it wUl give to community reserve councils title to these areas in the form of deeds of grant in trust.

I also indicated that other complementary legislation in the form of a services BiU will follow later in the year when I have been able to consult with the various community reserve councils.

For clarification purposes, the Bill introduces a definition of deed of grant in trust and also creates a new public purpose—benefit of Aboriginal and Islander inhabitants. This is necessary because some Aboriginal reserves will remain.

The Bill also waives the necessity of survey costs by trustees of deeds of grant made for the benefit of Aboriginal and Islander inhabitants.

Although buUdings or structures provided for the residence of Aborigines or Islanders authorised to reside within the specified land areas will pass to the trustees as part of the deeds of grant, certain improvements, the property of the Crown, will be excluded, as well as the land on which they stand. Examples of exclusions include aerodromes, landing strips, ports, roads, stock routes, bridges and railways, as well as schools, hospitals, police stations, etc.

There is also provision for areas to be reserved for future public purposes and to exclude the necessity of survey in these cases.

An obligation is also imposed on the trustees to preserve and protect, as far as is reasonably possible, existing improvements on the lands to be granted in trust, except where the Minister otherwise determines.

I point out that the coUective value of this property is quite substantial. Normally the Land Act requires the highest rent possible to be obtained for a lease, and the BUl will bring in amendments to allow a ministerial discretion in this area. It would not, of course, be reasonable or possible to pursue the highest obtainable rentals from many of the people living in these areas.

It is proposed to insert in section 346 of the Act a ministerial discretion as to what moneys received by way of rents or otherwise should be applied solely for the purposes of the tmst, and a new dause will enable ministerial intervention when a person is aggrieved by the canceUation of a lease by the trustees.

Important amendments are proposed to section 350, the effect of which is to preclude the need for trustees to obtain ministerial consent to permit occupation of land by persons who are existing residents at the commencement of the Act, or by a person taking up residence under an agreement with the trustees after the deeds of grant are issued.

An important provision of the Bill is that which requires any Order in Council determining a tmst to be laid before the Legislative Assembly within 14 sitting days after lis publication in the Gazette, and the Parliament can, within 18 sitting days after the Order in CouncU has been laid before it, disallow the Order in Council.

New measures are proposed in section 361A to preserve existing ownership of improve-"lents and to entkle an owner to obtain a lease in such a case. This provision covers schools, churches, convents, etc.

The Bill also makes an amendment to the Forestry Act to provide that in the case Ol a deed of grant forest products and quarry materials remain the property of the Crown.

5174 25 March 1982 Cky of Brisbane Market Act Amendment Bill

Existing special leases are preserved, as are existing easements. Also preserved are existing occupancies and the terms and conditions of them until the trustees otherwise determine.

Finally, no mining tenement or authority to prospect can be granted without approval by the Govemor in Council, and the Bill allows the Governor in CouncU, when ccmsidering such matters, to have regard to the views and recommendations of the trustees.

As I have advised honourable members, it is my intention to introduce later in the year further legislation covering changes in Aboriginal and Islander welfare policy, and this will follow the consultations to be held with Aboriginal and Islander representatives over the next few months.

I believe I have covered all the salient points at this stage, and I now commend the Bill to the House.

Debate, on motion of Mr Davis, adjourned.

CITY OF BRISBANE MARKET ACT AMENDMENT BILL Hon. M. J. AHERN (Landsborough—Minister for Primary Industries), by leave,

without notice: I move— "That leave be granted to bring in a BUl to amend the City of Brisbane Market

Act 1960-1978 in certain particulars and for another purpose." Motion agreed to.

First Reading Bill presented and, on motion of Mr Ahern, read a first time.

Second Reading Hon. M. J. AHERN (Landsborough—Minister for Primary Industries) (7.27 p.m.): I

move— "That the BiU be now read a second time."

The City of Brisbane Market Act was first introduced in 1960 and the Brisbane Market commenced operations in its present location at Rocklea in 1964. The market is administered by the Brisbane Market Trust.

Honourable members who have visited the Brisbane Market in recent years could not fail to be impressed with the many changes which have taken place in fruit and vegetable marketing and in the market itself. Large refrigerated transports, mechanical handling, cool-room warehousing, different packaging formats, the establishment, of a flower market and the entry of chain stores into fmit and vegetable retailing as an integral and significant part of their day-to-day activities are but a few of the more apparent changes.

An important aspect which may not be so obvious to the casual observer is the tremendous growth in the volume and value of sales which has taken place in the market. The value of sales has increased from an estimated $23m in 1956 to $46.1m in 1975 to $132.9m in 1981.

The importance of the Brisbane Market to the fruit and vegetable industry of Queensland, and indeed other States as well, cannot be overstated. It is vital to growers, to retailers, to consumers and to the wholesalers operating within the market.

The Bill is the first of two pieces of legislation which I will introduce with the aim of updating the law relating to fruit and vegetable marketing. As soon as it is possible to do so I will introduce a Bill to amend the provisions of the Farm Produce Agents Act which is the Act which covers the operations of wholesalers of farm produce and the Fruit Marketing Organisation Act which covers the operations of the COD.

The present Bill will change the composition of the Brisbane Market Tmst for the first time since 1967. It is proposed to expand the trust from eight to ten members by providing for a representative of licensed buyers and by adding an additional representai[ve of producers of fruit and vegetables. The trust presently consists of eight members,'made up as foUows: the chairman, the representative of the Brisbane City Council/tworepresentatives of producers of fruit and vegdables, two representatives of wholesalers and

City of Brisbane Market Act Amendment Bill 25 March 1982 5175

one representative of the farm produce trade, all of whom are appointed by the Governor in Coundl. The other member is the Director-General of Primary Industries who is an ex-officio member of the trust.

Honourable members will be aware that there has been concern by independent retailers wkh some aspects of the market's operation. Direct representation for Ucenced buyers wUl enable retaUers to have a voice on the body which is the landlord of the market in which they obtain their supplies, and which controls the day-to-day operations within the market.

There has been very strong pressure from the Committee of Direction of Fruit Marketing to increase grower representation by one, and it would seem opportune to do so now that that organisation has been given statutory responsibility to represent growers of heavy produce. Inasmuch as the representative of the produce trade is also a wholesaler, the wholesaler/producer representation wiU then be in balance. The major representation of these two groups, the producers and the wholesalers, recognises the stake which they have in the operation of central markets. Also it reflects the importance of their respective organisations, the Committee of Direction of Fruit ^^arketing and the Queensland Chamber of Fruit and Vegetable Industries Co-operative Limited.

The COD was perhaps the major proponent of market relocation in Brisbane. Full credk must be given to the organisation also for the leading role it plays as a wholesaler of fruk and vegetables in the major interstate terminal markets and the many ancilliary services it provides for producers and for the benefit of the industry generally, including consumers. The Queensland chamber is the strongest fruit and vegetable wholesalers' organisation in Australia with many of its achievements envied and copied by other States.

A contentious issue for some time has been the fixing of trading hours and hours pf entry for different groups. There has been only one basic change in trading hours in 18 years of operation—7.30 a.m. opening in lieu of 7 a.m. was introduced in 1974. Trading hours and hours of entry to the market are prescribed by by-law, the former within the limits set by the Industrial Commission. However, problems have arisen in the past when public hoUdays, abnormal weather situations or industrial disruption have necesskated changes to ensure that the community is supplied with fruit and vegetables.

The amendment will provide greater flexibility for the trust to deal with extraordinary circumstances by resolution, subject to Ministerial approval without the necessity of amending by-laws. The limits imposed by the Industrial Commission will still generally apply, The trust's by-law-making powers are being amended to ensure that the trust has adequate authority to regulate the presence and movement of people, produce and vehicles within the market. These will include the issue of licences or identification cards, prescribing of parking charges, the issue of buyers' licences and on-the-spot fines. The Act will resolve matters relating to buyers' licences and on-the-spot fines raised by the Committee of Subordinate Legislation.

The Brisbane Market Trust recently undertook a major review of the by-laws under which the market operates. The trust; has already taken steps to tighten up present procedures and correct anomalies relating to the regulation of the presence and movement of people, produce and vehicles within the market.

The trust's main concerns relate to theft and pilfering of produce and the unfair trading advantage obtained by movement of people or produce in the period prior to entry of licenced buyers. Problems have also been experienced with parking of vehicles m areas likely to cause accidents or disruption, and stacking of produce in a manner which inconveniences neighbouring wholesalers.

Wholesalers and their staff enteririg the market prior to opening to set up for the day's trading have for many years been issued with special entry passes. In line with developments in other markets, it is proposed that in time these will be replaced with identification or security cards simUar to those given to airport staff.

The Committee of Subordinate Legislation has drawn my attention to two matters in the recent new by-laws. The first relates to the issue of buyers' licences. Although my advice is that these provisions are in order, I have included a provision to put the matter beyond doubt. The committee has identified a problem which was not apparent t̂ the time of drawing up of the by-laws concerning on-the-spot fines. These have

heen included in the by-laws to facUitate the enforcement of by-laws, particularly as

5176 25 March 1982 City of Brisbane Market Act Amendment Bill

regards parking and disruptive placement of produce. Previously it was necessary for offenders to face court prosecution. I am grateful to the commktee for bringing this to my attention.

With regard to the Debt Redemption Fund, the validation provision is necessary for two reasons. Firstly, the basis of calculation of semi-annual contributions was changed in 1975 to simplify administration of a fund which was somewhat unique and which had become most complex. The Brisbane Market Trust Debt Redemption Fund was established by regulation of 24 October 1968.

The design of the fund provided for contributions based on life of asset, an earning rate of 4.5 per cent and payment of continued interest into the fund in respect of any loan or portk>n of any loan redeemed prior to the expiration or related asset lives at the interest rate of the particular loans.

In 1975, the semi-annual contributions were calculated on a life-of-loan basis rather than a life-of-asset basis as a matter of administrative convenience. This applied to loans raised to finance restoration of damage sustained during the 1974 flood. This basis continued with all subsequent loans raised up to 30 June 1980.

The basis of calculation in respect of loans raised over that period now requires validation, although in fact the amounts paid into the fund were higher than would have been the case if the regulatory procedures had been strictly observed.

Further, the trust, on the advice of the tmstees of the fund, which included the Auditor-General and the Under Treasurer, sought a general review of the basis of calculation of semi-annual contributions as from 1 July 1980. This review was required because of the impact of rapidly rising interest rates on the fund and, in particular, the creation of a substantial surplus of $202,746 at 30 June 1980. It was anticipated that the surplus could have risen to $6m by the year 2005. The trustees correctly considered it was not the purpose of a sinking fund to build up reserves which are provided for elsewhere.

Advice was also received that contributions made in 1980-81 and for the first half of 1981-82 to accommodate higher interest rates and avoid excessive buildup of funds may be at variance wkh the existing regulation. In order to remove any doubt on this matter, it is proposed to validate aU payments to the fund from 1 July 1975 to date. There is currently no provision for the use or disposal of any surplus, and a regulation-making power is being included.

The proposed amendment empowering the trust to exclude persons convicted of certain offences committed within the market is intended to replace a provision which has been prescribed by by-law since 1964. After the making of recent by-law amendments, advice was obtained that there was no specific provision in the Act for such a by-law.

Although such a provision, as presently proposed, has been used on only a few occasions, the industry strongly believes that persons convicted of offences committed within the market relating to theft and pilfering and to unlawful conduct should be denied the privilege of entry for a limited period.

Two sections relating to preparation and auditing of annual accounts and annual reports are being replaced by three sections in accordance with recommendations by the Auditor-General. The principal change is to include specifically the accounts and reports relating to the tmst's superannuation scheme and the Debt Redemption Fund.

An amendment is proposed to widen the trust's powers to create reserves. Currently, the trust is limited to the establishment of only one reserve fund, which is to be used for works or deferred maintenance. There is currently no specific power to create other reserves normally provided for such things as long service leave, capital reserves and so on. In all cases, any new reserve funds must have the approval of the Minister before establishment.

Minor amendments to the Act include the following:— The insertion of a definition of the term "building lease" to correct an

ambiguity; and of the term "market" to correct a deficiency. The enabling of executive authority to be vested in the chairman of the trust

in terms of his appointment by the Govemor in Council should this become necessary at any time.

Anzac Square Development Project Bill 25 March 1982 5177

The inclusion of abuse of any person employed by the trust in the exercise of his powers as an offence.

The prescribing of general offences and penalties.

In recent times, the Brisbane Market and the trust have attracted a good deal of what has been, in my opinion, unfounded and undeserved criticism. I believe that the Brisbane Market Trust has carried out its responsibiUties in a commendable way in what have been, at times, difficult circumstances. I believe that the Brisbane Market is and wiU continue to be one of the most efficient and effectively operated wholesale markets in Australia.

These amendments together with the recently revised by-laws of the trust wiU facilitate the continued good management of the market to the benefit of all who use it.

I commend the Bill to the House. Debate, on motion of Mr Blake, adjourned.

ANZAC SQUARE DEVELOPMENT PROJECT BILL

Hon. L. R. EDWARDS (Ipswich—Deputy Premier and Treasurer), by leave, without notice: I move—

"That leave be granted to bring in a Bill to provide with respect to the development of an area between Queen Street and Ann Street, Brisbane, including Anzac Square and for related purposes."

Mdion agreed to.

First Reading Bill presented and, on motion of Dr Edwards, read a first time.

Second Reading

Hon. L. R. EDWARDS (Ipswich—Deputy Premier and Treasurer) (7.42 p.m.): I move—

"That the BiU be now read a second time." The purpose of the Bill is to enable the making of an agreement between the State

Government Insurance Office (Queensland), the Brisbane City Council and Wales Properties Limked in order that the Anzac Square development project might proceed as early as possible. An interim agreement to this effect has already been executed between the parties.

All honourable members will recognise this as a necessary measure to bring about a transformation from what is now an ugly hole in the city centre to what will ultimately be an aesthetically beautiful as well as a commercially viable area. It will be a development of which Brisbane and Queensland as a whole will be justifiably proud.

I have already publicly announced what the project will include. However, for the benefit of honourable members, I will list the main features. They are—

Redevelopment of the "hole" area between Queen and Adelaide Streets consisting of a lawned plaza park at Queen Street level; immediately beneath this at Adelaide Street level a retaU area, and beneath this five half levels of parking. Tunnels under Adelaide Street providing vehicular access/egress for the car-park and pedestrian access under Adelaide Street.

Twin bridges over Adelaide Street for pedestrian access between the new plaza level and proposed elevated first level walk ways on either side of the Anzac Memorial Square.

Twin first-level pedestrian elevated walkways on either side of the Anzac Memorial Square, these walkways to have access to Ann Street level and a proposed new pedestrian tunnel under Ann Street.

Modification to the Shrine of Remembrance and crypt areas to accommodate the Shrine of Memories.

Truncation of the Adelaide Street end of the Anzac Memorial Square including rdocation and rebuilding of the existing stone walls, gardens and pedestrian foot-

around the new vehicular access/egress to the car-park area.

5178 25 March 1982 Racing and Betting Act Amendment Bill

New pedestrian tunnel uiider Ann Street between Central Station and the existing Anzac Memorial Square plaza level, including all ramps from the Anzac Memorial Square to the new and existing tunnd, and all underground lobby work outside the Queensland railway station boundary on ^ the north-western side of Ann Street.

Alterations to and relocation of sei'vices as reauired. After exhaustive consultations with businesses, the Brisbane City Council, the Com

monwealth Government and vitally affectesd organisations such as the Returned Services League there is a consensus of approval of ,the proposed development. In fact, I would like to quote to the House from a letter sent by Sir Albert Abbott, QBE, State President of the ^Returned Services League, Queensland Branch, in these terms—

"I have been authorised by successive State Congresses of the Returned Services League of Australia (Queensland Branch) to express the League's views on proposals for any alterations to Anzac Square..."

Later, the Idter states— "I am particularly impressed by the proposed alterations and improvements to

the existing crypt area and for an area to have and display the World War II Shrine of Memories"

It further states^ "The relocated shrine and the rearranged crypt will considerably enhance the

memorial area and I believe will be aj^reciated not only by the people of Queensland, but also by vi&itors from interstate and overseas."

I can also give this House an assurance that in the minor truncation of Adelaide Street the Boer War Monument will not be affected.

Some people who have criticised the small loss of grassy verge represented by this truncation seem to have lost sight of the fact that the overall aspect and extent of grassed area is substantially improved and increased by the addition of the area between Queen and Adelaide Streets and Anzac Square.

In broad terms the Bill simply provides a legislative sanction for what has already beein agreed between the three parties in partnership in the project. After almost 15 years of effort by a great many people, it has been finally possible to develop a scheme lo enhance the city centre, with the support of the community generally, if not unanimously.

I commend the Bill to the House: Debate, oft motion of Mr Hansen, adjourned.

RACING AND BETTING ACT AMENDMENT BILL

Hon. R. J. HINZE (South Coast—Minister for Local Government, Main Roads and Police), by leave, without notice: I move—

"That leave be granted to bring in a Bill to amend the Racing and Betting Act 1980-1981 in certain particulars."

Motion agreed to.

First Reading BiU presented and, on motion of Mr Hinze, read a first time.

Second Reading

Hon. R. J. HINZE (South Coast—Minister for Local Government, Main Roads and Police) (7.47 p.m.): I move—

"That the Bill be now read a second time."

The main purpose of this Bill is to regularise legal proceedings relating to offences under the Racing and Betting Act for unlawful bookmaking, the keeping of a common betting house, or the possession of an instrument of betting.

Honourable members will recall that, last year, amendments were made to the Racing and Betting Act to provide that these offences would be heard before a judge of the District Courts sitting alone, that is, the offender would be tried without a jury.

Traffic Act Amendment BiU 25 March 1982 5179

This concept is not to be altered in the amendments now proposed but it has been found that existing provisions of the Act which exclude the holding of committal proceedings before a magistrate are difficult to implement.

It is accordingly proposed that the Act be amended to provide that these types of offences shall constitute a misdemeanour within the meaning of the Criminal Code. This will ensure that the machinery provisions of the relevant laws will come into play so that a person charged with such an offence will first be brought before a magistrate. If he pleads guilty to the charge, he will be committed to a judge of the District Courts for sentence. If he pleads not guilty he wiU be committed to a judge of the District Courts for trial wkhout a jury.

The Magistrates Court will not be in a position to impose penalties in respect of these types of offences, even in circumstances where the offender pleads guUty. This is the concept envisaged by the present law, which has regard to the fact that, in other than special circumstances, the minimum penalty prescribed for a first offence is $15,000. There is to be no alteration to the various penalties presently provided.

The amendments that I have mentioned are supported by the Bar Association and the Queensland Law Society.

The Bill also contains provisions which are required to complement the provisions of the Racing Venues Development Bill to be introduced shortly.

Firstly, the Bill provides that payments may be made from the Racing Development Fund under the Racing and Betting Act to tmstees appointed under the Racing Venues Development Bill for the development of a particular racing venue to enable them to establish, extend or develop the land placed under their control. The intention is that moneys will be advanced to the tmstees immediately they are appointed so that they may be in a position to carry out the functions for which they are appointed. Repayment of any moneys advanced could, of course, be made a condition on which any advance was made and could be dependent upon the circumstances prevailing in a particular case.

In terms of section 126A of the Racing and Betting Act as it presently stands, the Racing Development Corporation may acquire land with a view to establishing, extending or developing the land as a racing venue. In view of the types of uses which it is now envisaged should be permitted at racing venues, for example, stock-selling facilities and restaurants, it is considered that this provision may be somewhat restrictive.

It is accordingly proposed to amend the particular section to provide that any lands so acquired shall be substantially used as a racing venue but may also be used for other purposes approved by the Govemor in Council, and that funds may be expended by the trustees on those other purposes.

1 commend the Bill to the House. Debate, on motion of Mr Warburton, adjourned.

TRAFFIC ACT AMENDMENT BILL Second Reading—Resumption of Debate

Debate resumed from 11 March (see p. 4697) on Mr Lane's motion— "That the BUl be now read a second time."

Mr DAVIS (Brisbane Central) (7.50 p.m.): Having been a member of this Chamber for so long I did not think that anything could amaze me. But in the same week as the Minister introduced this Bill, all members received a long list of amendments to the regulations under the Traffic Act, half of which are more important than the provisions of the BUl now being debated. We wiU have a good talk about the regulations next week after we have perused them further.

The most important change to the Act is the amendment of section 16, which provides that a person who has been convicted of drink-driving will have to attend a training program, approved by the Minister, to be conducted by the Queensland Road Safety Council. Honourable members have not been told by the Minister how long the course wiU take, what it will entail or whether it will actually be a driving course. I want the Minister to explain in his reply what the ingredients of this

5180 25 March 1982 Traffic Act Amendment Bill

so-called course will be. Without being unfair to the Minister, I suggest that it is obvious that the course is a window-dressing exercise by the Government in relation to road safety.

The Government must do something about Queensland's huge road toll, or at least be seen to be doing something about it.

I found it amazing that members of the National Party allowed the provision to which I referred to be inserted in the Bill—^perhaps I am oversuspicious—^but then I found that, for the time being, the course will be conducted only in Brisbane. Probably country drivers will be excused from attendance because of the distance and expense. Perhaps they will be given a correspondence course. That is the type of information I want from the genial Minister for Transport when he replies.

My party and I agree that at present there is no greater social problem than persons who drink and drive. The big brewery barons and the hotel interests are such large contributors to the slush funds of the Liberal and National Parties that they seem to be untouchable

Mr Lee: That is unjust.

Mr DAVIS: The honourable member Yeronga knows as well as I do that the brewery interests are big contributors to his party's funds.

Mr Gunn: The Press have left.

Mr Lee: Stop looking at the Press gallery. As soon as you stood up, they left.

Mr DAVIS: Those interjections are a classic example of the Government's lack of interest in this serious subject. The Minister for Education, the former Minister for pencil sharpeners and the National Party Whip are all laughing about road safety.

I suppose that no matter has been subject to more mvestigation by parliamentary committees and medical committees than road safety and drink-driving. Book after book has been written on the subject. Whenever the road toll rises, there is a great cry from the community about random breath testing.

Mr Frawley: Who wrote that rubbish?

Mr DAVIS: I am talking about random breath testing, but obviously that does not concern the member for Caboolture.

The Government parties in this State are not in favour of random breath testing, but I think that any member of this Parliament would have to agree that random breath testing is presently being carried out in this State. Time and again drivers are pulled up by the police on the pretext of having a flickering light over their rear number plate or of not indicating when turning left. As a matter of fact, a motorist was pulled up by the poUce recently on the pretext that his tyres appeared to be under-inflated. All this is done for the purpose of checking the sobriety of the driver.

In 1969, when I was first elected to this ParUament, my electorate had the rare distinction of having more hotels than any other electorate in Queensland. I think there were about 50 watering holes in my electorate.

Mr Frawley: They supported your campaign.

Mr DAVIS: That'U be the day when I have to depend on support from the brewery interests! That is tainted money.

As I was saying, in 1969, there were more than 50 hotels in my electorate. At present, there is only a handful of hotels in the inner city area, and the reason for that is the problems with parking and profitability. Business in some of the city hotels is quite good during the day, but when the sun starts to set the bars are empty and the licensees are flat out taking enough money to pay the wages of the staff.

Mr Frawley: Rubbish!

Mr DAVIS: They are. If the honourable member goes to any hotel in the city at night he will see very few patrons in them, and the reason for that is that there are no car-parks.


It is a classic example of the double standards of this National-Liberal Party Government. Whenever a new hotel is to be established and tenders are called by the Licensing Commission, the main criterion is the provision of a huge car-park. If a prospective licensee indicates that he will provide a car-park for 10 (KM) cars, he is almost assured of getting the ficence. The old hotels in the suburbs now have to get into the act by buying up adjacent residences and constructing huge car-parks. The Government is supposed to be concerned about people driving under the influence of alcohol, but instead of making it difficult for motorists to park at hotels, it makes it easier for them.

Instead of having huge brewery-owned hotels, the Government should legislate towards having more small ndghbourhood taverns with no parking facilities, which would be more suited to the community's interest.

WhUe I am on the subjed of the liquor industry and the effect it has on road safety, I remmd honourable members that no signs in hotels warn of the dangers of drinking and driving simUar to the warnings on cigarette packets that smoking is a health hazard. Hotels should display signs warning people that if they drive after they have been drinking they wiU have problems. Hotels should install alco-testing machines to provide some sort of protedion for their patrons. Instead of allowing patrons to just get full, so to speak, licensees should be putting back into the community some of what they are taking from their patrons. .

I would like to see more police patrols around hotels showing the flag instead of just waiting outside to catch drivers. If motorists were aware that police patrols were conducted near hotels that would have a much greater effect than patrols simply waiting nearby to apprehend drivers.

I want some clarification from the Minister about clause 6, which provides that persons who have been convicted of drink-driving can be ordered to attend road safdy courses. I ask the Minister: What is the position if such a person has to travel interstate? UntU the courses are conducted outside of Brisbane, what will happen if a person who is undertaking the road safdy course in Brisbane, is transferred to a country area? Would he be allowed to go to the country area or would he have to forgo his livelihood? I have also been asked whether a convicted person wiU have to undergo a practical driving test, and, if so, whether that is just an attempt to justify the new Mt Cotton driver-training facility.

Another matter I wish to raise—I have raised it on numerous occasions—is one of the greatest touches around, namely, the $8 licence fee included in the motor vehicle registration fee. This is one of the classics that the Minister has put forward. It is only an extra tax included in the registration fee. When it was originally levied it was oiUy 7s 6d. When the period for renewal of a driver's licence was extended from one year to 10 years, the 7s 6d was added to the registration fee.

Mr Lane: You are showing your age.

Mr DAVIS: I am not showing my age at all. It is simply that I read well. That is the trouble with members opposite; they do not read these things.

Now the licence fee has been increased to $8. Since I entered this place no Minister has ever explained how the money from the driving permit fee is spent. All Ministers for Transport have told the House that the money is used for driving improvements, etc, but I think honourable members will find that the greatest portion of the $8 goes into consolidated revenue.

The Bill gives me an opportunity to speak on one of my favourite subjects, that is the requirement for a motorist to show cause when he has accumulated nine traffic points. That is one of the greatest travesties of justice under any Act in this State. I have said it before and I wUl say it again: it is a scandal that a person who is called upon to show cause should be judged by the police, the very ones who have been responsible for the person having nine points.

Mr Akers: What is the alternative?

Mr DAVIS: I will tell the honourable member a couple of classic examples. Mr Akers: I have a couple of examples.

Mr DAVIS: I probably know more than the honourable member. Mr PoweU: You have probably had to show cause a few times.


Mr DAVIS: In comes the comic relief from Isis. For the information of the member for Isis, I point out that I appeared on behalf of the Transport Workers Union for some of its poor members who were unjustly treated by _the Police Department.

Mr Akers: What is your practical alternative?

Mr DAVIS: The practical alternative is that the matter should be judged by a magistrate rather than the police. If that system must be maintained, it would be better to have those matters determined by a department other than the Police Department. The 1980-81 report of the Commissioner of Police indicates that 12 656 persons were asked to show cause, but only 690 licences were modified. That means that most of them were allowed to retain a licence. Many people, such as taxi drivers and commercial travellers, cannot carry out their work if they lose their driving licence. If they appear before a police sergeant acting on behalf of the Superintendent of Traffic in the Brisbane area, nine times out of ten their case is cut and dried before they are given a hearing.

Some people are prosecuted several times before they accumulate nine points. A truck driver who worked for the Brisbane City Council, and a member of the union with which I was formerly associated

Mr Lane: Do you still pay your membership?

Mr DAVIS: That is a matter between my union and me, not between the Minister and his Special Branch.

The person to whom I am referring appeared before a court to show cause. Unfortunately, after 30-odd years of driving he happened to accumulate nine points in a very short period. In a period of three or four weeks he went through a "red" Ught and committed other traffic breaches. When he appeared before the court his licence was not modified. He depended upon his licence for his livelihood. He was approximately 58 years of age. The police sergeant took the licence into the office of the District Superintendent of Traffic. He returned and said, "Bad luck. You've missed out. Your licence has been cancelled." The person thought that he might be allowed to drive during the daytime. Because of his health, truck driving was the only work that the man could do. His licence was not suspended for a couple of months or modified: it was cancelled. As a result, that person must go through the rigmarole of a driving test. His licence has been cancelled for 12 months.

The Transport Workers Union represented that man when he appealed to a magistrate. The matter was reviewed and the magistrate issued a caution to the truck driver. The cancellation of his licence would have meant that he would have had to apply for unemployment benefits because he would not have been able to do labouring work. Many similar incidents have occurred. I do not blame the present Minister for Transport for that. When the late Keith Hooper was the Minister for Transport, he would seek advice from his advisers and come back and say, "My advice is that a modification should be made. The transport authorities are very fair and open." That may be so of the transport authorities. However, when such a matter is placed in the hands of the Police Department, the police may not act as fairly. The statistics that I have quoted show that, of the 12 656 persons who were asked to show cause, 690 had their licence modified.

I cannot let this opportunity pass without criticising the increases in penalties. Again they have been brought about by regulation, and they range from $20 to $30. As usual, the excuse that is given is the increase in the inflation rate. I thought that fines were supposed to act as a deterrent and not merely as a means of obtaining money. A calculation will reveal that the increases in the fines will put an additional $4m into the State Government's coffers. Naturally the Opposition is against that.

Mr Frawley: When the Labor Party was in office, they used to take the money to drop the charge.

Mr DAVIS: When the Labor Party was in office, the Police Department, the Transport Department and all the other Government departments treated the public with humanity and kindness. That is the difference between the Labor Party and the money-hungry National and Liberal Parties.

Mr Frawley: They used to go down to the Albert Street brothel every week and get their take.

Traffic Ad Amendment BiU 25 March 1982 5183

Mr DAVIS: How dare the honourable member say that!

Mr Frawley interjected. Mr Hooper interjected.

Mr DAVIS: I don't even know what the members are talking about, Mr Speaker.

Mr SPEAKER: The honourable member is fortunate.

Mr DAVIS: Approximately 18 months ago—I am not sure whether the Minister was then Minister for Transport—an article illustrated a classic example of overpersecution by the Police Department. In Toowoomba, a person was fined for displaying a sticker which, in the opinion of the police and the magistrate, was an offensive one. The police' were using powers of censorship under the Traffic Act, which meant that the offender could have lost his Ucence as weU as being fined. He could have incurred such a penalty simply for displaying a sticker that could be bought in any newsagency, department store or souvenir shop. I am not too sure whether the fact that the offender was a railway employee caused him any additional problems.

It is amazing that the Traffic Act can be used to impose censorship. I think the Minister would agree that that is allowing police powers to mn wild. The police should not be able to use the Traffic Act for the purpose of imposing censorship. I am not one to ask for heavier penalties; I believe that the present penalties are quite sufficient.

Before I condude, I make a call for the implementation of training program for cyclists.

Mr Frawley: You refused to accept the Minister's invitation to come down for a ride on a moped.

Mr DAVIS: Everybody knows that vaudeville died because of the act of the member for Caboolture. When the House is dealing with such a serious subject the laughter Should be toned down a little.

On other occasions in this Chamber 1 have referred to the problems caused by bicycle riders. With the advent of BMX bicycles, the problems are now worse.

Mr Prentice: What has the Brisbane City CouncU done for bike riders?

Mr DAVIS: I am not worried about what the Brisbane City Council has done. The honourable member seems to be paranoid about the Brisbane City Council.

Brisbane has a big problem with bicycle riders, particularly in the areas in which there are BMX tracks. A classic exarnple is to be found in the street in which I live, where about 200 or 300 bikes are ridden. Most meetings are at night, and very few of the bikes, which are ridden all over the street, have a light or a reflector. Usually a BMX bike has no provision for fixing a lamp bracket. I hate to think of young children who enjoy riding BMX bikes being injured. Although their parents should be concerned. It is obvious that they are not. It is time that the Government took more action to get the message across.

Mr POWELL (Isis) (8.16 p.m.): I support the amendments to the Traffic Act outlined by the Minister. Before speaking to them, I have a. few comments to make about what the honourable member for Brisbane Central said about educating cyclists. He was absolutely correct.

In country towns it is much easier for police to go from school to school to educate children as best they can in the use of bicycles on the road. Anyone who drives past a school at about 3 o'clock in the aftemoon, particularly in a provincial city, knows that it is unwise to travel at more than 10 km/h because of the great number of children on bicycles who swarm out of the school grounds like bees leaving a hive after someone has whacked the side of it. The education program suggested by the honourable member for Brisbane Central should be followed up by teachers, police and parents. However, we are confronted with the age-old problem of parents not taking note of what their children are doing.

I wish to speak mainly about the driver-training and driver-testing section referred to in the Bill. Many people believe that they have a right to drive motor vehicles. It is not * right; it is a privilege. The sooner people who use the roads realise that it is a privilege to drive a vehicle, the better it will be for everyone. That aim can be achieved by training


drivers to drive more safely on the road. The introduction of new testing and education techniques for young people—and also for older ones—when they apply for their fint licence is a step in the right direction, but I would like to see the system extended to cover present drivers.

Too many people ignore the rules of the road. They drive with gay abandon, seeming to think that they are the only ones with a right to use the road. Their bad driving habits must be curbed. The approach adopted by people as soon as they get behind the wheel of a car is incredible. Far more stringent tests must be imposed to see whether a person is capable of driving properly. The situation wUl improve greatly when more professionally trained testing officers are available.

A person convicted of drink-driving should have to attend a training program dealing with the dangers of drink-driving. Most people who drink and drive do not realise the dangers. I remember the former member for Bundaberg claiming one night that he could drive better after consuming a certain amount of alcohol than he could wkhout it. After seeing him drive, I realised that what he said was fairly true.

Mr Frawley: A man can ride a horse better when he is full than when he is sober.

Mr POWELL: Yes, but the horse would not be full. Every acceptable test that has been conducted has proved beyond doubt that a

person who has taken alcohol does not handle a motor vehicle as well as he does when he has not taken alcohol.

Mr Moore: That's a lot of tripe.

Mr POWELL: Probably the honourable member for Windsor is in the same boat. I suggest that people dodge him when he is on the road.

It is most important to get the message across. During the time of their suspension, people who are convicted of drink-driving need to be shown the dangers involved in drink-driving. Anybody who spends a good deal of time on the road—most country members do—see the dangers, the problems and the results. There is nothing more horrifying for a person than to drive over the brow of a hill and be confronted by a vehicle coming straight at him. That has happened to me, and I assume that it has happened to every honourable member who has driven along an open highway. For that matter, it probably happens in towns, too. What is even worse is to discover that the driver of the other vehicle has such slow reflexes that he cannot avoid an accident. There is no need for me to go into the graphic details of the horrifying results of accidents.

I become disturbed when responsible members stick up for the drink-driver. I repeat that a driver's licence is a privilege, not a right. People who hold a driver's licence ought to remain sober and drive their vehicles in such a manner that they are not a danger to other drivers on the road.

The defensive-driving courses initiated by the Road Safety Council are another step in the right direction. The Minister and his department need to be very firm in their resolve to overcome this very vexed problem. Accidents occur every day. The very use of the word "accidents" indicates that nobody was at fault. Quite often somebody is at fault. Usually a human error is involved, and it is an error that ought not to have been made.

Quite often people drive too fast for the prevailing road conditions and traffic conditions. On some roads in my electorate 200 km/h is not too fast, but at other times 20 km/h is too fast. Therefore, speed limits are not the answer to the problem of the road toll. The answer is to apply the road laws more strictly.

The honourable member for Brisbane Central claimed that the Government has double standards.

Mr Hooper: So it has.

Mr POWELL: Judging by the record of the honourable member for Archerfield, that is a rather foolish interjection. The Government does not have double standards.

Mr Davis: You will have a safety program in Brisbane but you won't have one in the country.


Mr POWELL: Safety programs will be conducted in country areas. In fact, some are being provided now in country areas. The defensive-driving course is part of a safety program.

Mr Davis interjected.

Mr SPEAKER: Order! The honourable member for Brisbane Central has had an opportunity to speak.

Mr POWELL: These programs wiU eventually be conducted in country areas. They are needed there. But what is needed in country areas is a knowledge of how to handle a car in heavy traffic—for example when many bicycles are ridden out of schoolgrounds ia the afternoon—as well as how to handle a car when it is forced off the edge of a bitumen road in a country area.

Drivers ought to be taught how to handle a speeding vehicle when potholes on the edge of the bkumen have to be avoided. Drivers ought to know how to cope with the hazard of water across a road, as happens in North Queensland particularly during the wet season. Numerous accidents occur on the road between Miriam Vale and Gin Gin, generally because people do not know how to handle a car in wet conditions. They drive at the same speed as they would when the road is dry. A safety program needs to be implemented to educate people about driving in adverse conditions.

In Sydney and Melbourne there is the opportunity of undertaking an advanced driving course. I would love to see such a course conducted here because people who drive long distances on open roads need the expertise acquired during an advanced driving course. It is said that the road toll is worse in country areas; but the addresses of accident victims in country areas, generally speaking are in the city, where people are unused to driving long distances. They become mesmerised by the road, go to sleep and consequently have an accident. That happens to people who drive anything from small motor vehicles to large semi-trailers, and a large semi-trailer is a much more lethal weapon on the road than an ordinary sedan,

Mr Hooper: I am glad to hear you say that.

Mr POWELL: I constantly find them a problem. We ought also to be studying the conditions under which semi-trailer drivers operate.

The training and testing of semi-trailer drivers has to be different from that for the driver of an ordinary motor vehicle.

Mr Davis: Do you support licensing of the road transport industry?

Mr POWELL: I certainly support a more stringent licensing system for drivers of semi-trailers, because I do not think a strict enough set of conditions is laid down.

I also believe that we should be looking carefully at special licences for people who wish to tow caravans. At the moment anybody who has an A class licence can do so. Today very light cars with powerful motors are hooked up to 20 ft caravans weighing something like 1.5 tonnes—heavier than the towing vehicle—and go tearing off down the highway. Such vehicles can easily tow a caravan, but they cannot do it safely. In my opinion the drivers of motor vehicles towing caravans need far more training than that necessary merely to drive an ordinary motor vehicle.

There is also a grave need for drivers to be taught courtesy. How often on the main highway north of Brisbane—it does not happen on the highway to the south coast, which has four lanes all the way—^when one leaves the four-lane highway and moves on to the two-lane highway is one delayed by a vehicle doing 70 to 80 km/h. The main body of traffic wants to travel at 100 km/h and accidents are often caused by impatient people who are held up needlessly by slow drivers. The problem does not have an easy solution, and I congratulate the Minister for at least attempting to find one. A solution needs to found very quickly.

The honourable member for Brisbane Central referred also to the show-cause system. I support the show-cause idea. When a person accumulates nine points on his licence, I see no reason why he ought not show cause why his licence should not be cancelled. The honourable member defeated his own argument because, when he criticised the show-cause system, he cited the case of a 58-year-old person who lost his licence but subsequently had k restored by a magistrate on appeal. What is wrong with that system?


Mr Davis: What I am criticising is that the people who are prosecuting^—the police-are the ones who are also judging. That is what I am critical about; I do not think k should be the police doing it.

Mr POWELL: I probably find a degree of unanimity between the two of us on that point because I would, like to see the Traffic Branch removed from the Police Force. I have suggested that before in this place but it does not seem to be the majority opinion.

I understand the honourable member's concern, but I do not necessarily agree with it. If a person is required to show cause why his licence should not be cancelled, obviously he has lost points for a reason. If it is for speeding, then he should not have been speeding. I suppose we could argue about the way in which radar traps are set up. I do not always agree with their locations.

Mr Davis: Most people would just pay the fine because they can't afford the cost of being defended in court.

Mr POWELL: The honourable member for Brisbane Central is probably correct. However, when a person is about to lose his licence, he generally takes far more notice of his driving. He wiU then probably go to the trouble of appealing to a magistrate. I do not think that it is a double standard; it is a straightforward process that should be supported.

I do not think that we will ever get to the stage where there is no road toll. It would be marvdlous if that happened. It is interesting to note that many accidents occur on four-lane highways between vehicles travelling in the same direction. It is a continuing problem.

I really believe that the steps that we are taking tonight through this legislation are steps in the right direction. I want to see many more steps taken. I would dearly love to see stricter control over the policing of the road regulations and also of drink-driving. It has been proved that drink-driving is the main cause of road accidents. If the drink-driver was removed from our roads, the road toll would drop dramatically.

Mr HOOPER (Archerfield) (8.32 p.m.): The Bill introduced by the Minister for Transport is long overdue. It is typical of the necessary legislation introduced by this Governemnt; it is always introduced belatedly.

Mr Booth: Do you consider yourself to be a good driver?

Mr HOOPER: Yes. Mr Davis: And I taught you.

Mr HOOPER: As a matter of fact, I was taught by the honourable member for Brisbane Central. He drove a cab for a number of years and was regarded as one of the finest drivers in Brisbane.

Most of the provisions of the BUl are machinery, but a few matters concem me. I fully agree with the proposition that applicants for a driver's licence in provmcial cities be examined by testing officers of the Department of Transport and also be tested on basic road rules. That is the procedure in the metropolitan area, and there is certainly no reason why it would not work in provincial cities. That would raise the driving standards in provincial cities. The difference between driving a motor vehicle in a country town and driving one in a large metropolitan area such as Brisbane is quite marked.

One weakness with the present driving-testing procedure is illustrated by the instance of a driver who obtains his licence in Thargomindah. I am sure that the traffic passing through the main street of that town would not be as heavy as the traffic passing through the main stred of Brisbane. When some of the drivers from the country come to Brisbane, they have problems.

Mr FitzGerald: They hop through at dusk ki Thargomindah.

Mr HOOPER: I did not know that that happened, but I shall take the honourable member's word for it. I am also told by the honourable member for Brisbane Central that trams have been abolished in Thargomindah.

The proposition in the Bill that worries me a great deal is that people convicted of drink-driving offences will also have to attend a training program conducted by the Queensland Road Safety Council. Although I agree in principle with the idea, I ask the Minister


why he is singling out the motorist as the only person requiring rehabUitation. If the Government were consistent in its approach, it would introduce rehabiUtation for shoplifters, rapists, housebreakers and crooked cops; but the poor old motorists seems to be singled out for attention all the time.

Mr Borbidge: What about people who are killed on the road?

Mr HOOPER: What about a quadruple penalty for a drink-driving offence? I am aware of a recent case involving a person in my electorate.

Mr Warner: Driving on the wrong side of the road.

Mr HOOPER: No, he was not driving on the wrong side of the road. He is certainly a better driver than the honourable member when he is stone-cold sober. I have seen the honourable member drive on the road, and I think that he is a menace. He should have his Ucence revoked. .

The person of whom I was speaking was stationary at the traffic Ughts at the intersection of Blunder and Ipswich Roads. Another motorist ran into the rear of his car. As they should when an accident occurs, the police came and they breathalyser tested the motorist who had been run into. The reading was .09 and he lost his licence. I agree that he should have lost his licence and that he should have been fined, but what is most unfair is that the insurance company refused to pay for the damage to his car, even though he was not at fault. That is a weakness in the Act and I think insurance companies should be ashamed of that sort of action.

The Minister spoke about the effects of alcohol on driving. This is where the double standard of the Government really shows through. On numerous occasions in the House I have pointed out that what is needed are small neighbourhood taverns within walking distance of people's homes. My good friend and colleague the honourable member for Brisbane Central who led the debate for the Oppositioii has heard me speak of this many times and, as a sensible member of Parliament, he has now jumped on the bandwagon.

If neighbourhood taverns were established patrons could leave their cars at home. Everyone agrees it is a good idea. Even the Minister for Justice and Attorney-General, who is responsible for the granting of liquor licences in the State, agrees, but nothing is ever done about it. One of the problems is the power of the brewery lobby. I am sure no honourable member opposite would disagree with me that both breweries, Castlemaine Perkins and Carlton United, contribute very heavily to the Bjelke-Petersen Foundation. Because the Liberal Party is on the way out it does not contribute very much to it.

Mr Borbidge: Can you prove that?

Mr HOOPER: Can the honourable member disprove it? Everybody knows it is correct. The Bjelke-Petersen Foundation is one of the greatest problems facing the people of the State. People know that if they make a substantial donation to this foundation they will receive many favours.

Mr FitzGerald: If you did not mention it we would be dumbfounded.

Mr HOOPER: Prior to the honourable member for Lockyer obtaining his endorsement for last election, he made a donation of $25,000 to the Bjelke-Petersen Foundation.

Mr FITZGERALD: I rise to a point of order. That allegation is incorrect and I find it offensive. I ask that it be withdrawn.

Mr HOOPER: I do withdraw it because probably the amount is wrong, but he definitely made a contribution.

Mr DEPUTY SPEAKER (Mr Miller): Order! The honourable member wiU wkhdraw the remark without qualification.

Mr HOOPER: I withdraw the remark. Both breweries contribute very heavUy to the Bjelke-Petersen Foundation. Although

I do not intend to dob him in, as the expression goes, one National Party member who .is presently in the House told me that that sort of thing takes place. I do not want him to nod his head in agreement: he would give himself away.

Mr Blake mterjected.


Mr HOOPER: As the member for Bundaberg said, they do not contribute froth and bubble; they contribute very substantial amounts.

I am sure that after the first neighbourhood tavern is built the idea will mushroom throughout Queensland, particularly in the metropolitan area.

Mr Prentice: Archerfield.

Mr HOOPER: They are needed in Archerfield. They are even needed in the silvertail electorate of the honourable member for Toowong. If he looked after the needs of his constituents he would support me in this claim because he has only two hotels in his electorate. I am not too sure about the Regatta Hotel.

Mr Prentice: Three.

Mr HOOPER: Is the Indooroopilly Hotel in your electorate? I realise k is a geny-mandered electorate but I thought the Indooroopilly Hotel was in the electorate of Mt Coot-tha. I am sure the honourable member for Toowong would agree with the need for some friendly neighbourhood taverns to be established in his electorate.

Mr Akers: Whose house are you going to put it next to?

Mr HOOPER: It could be put next to the honourable member's home at Pine Rivers, although I am not too sure if the honourable member resides at Pine Rivers or at Salisbury, seeing that his good wife is the member for Salisbury. They probably keep two residences going and split their income for taxation purposes.

Certainly what is not needed are the acres of car-parking around present taverns and hotels. I agree with the honourable member for Isis that those large car-parks certainly contribute to the problems about which the Minister spoke. The area that has been set aside for the proposed tavern at Durack will preclude people from walking to it. It is located on the outskirts of Inala. If people do not own a motor vehicle, they will have to walk two or three miles to get to the Durack Tavern. I am told that the new tavern will have space set aside for 150 cars. That shows the double standards of the Government.

Mr Frawley: It would do them good to walk two miles if they were homing full because it would dissipate the alcohol in the blood. It is better for them to do some exercise.

Mr HOOPER: The honourable member could be right. I would not like to be dragged by the hair from the Durack Tavern to Inala.

The poUce Minister and the Minister for Transport are on record as saying that they want to cut down on the number of drink-driving offences that are committed. The car-parks at hotels are a major cause of drink-driving. Anyone wfto passes any large suburban hotel on any evening will see a large number of cars parked outside. Nobody will tell me that the drivers of those vehicles have only two or three beers.

Mr Frawley: It is not only the Justice Department that demands the car-parks; the local authorities do, too.

Mr HOOPER: That is so.

The clubs and the police are not doing their job. I agree with the honourable member for Brisbane Central who said that the police should be showing the flag outside the hotels. He is one of the most erudite members of the House and he always speaks common sense. If the police were to show the flag outside hotels, they would certainly cut down on the incidence of drink-driving. If would be interesting to note how many police are convicted of drink-driving offences. I do not know of any. There are 4 400 police officers in Queensland. On the law of averages, at least 30 a year should be apprehended for drink-driving. If a police officer is apprehended by another police officer, he produces his badge and says, "I'm in the club.", and he is let go.

I shall eke a classic case. Sir Edward Lyons, knight of the realm, chairman of the TAB, and trustee of the National Party, was arrested in the early hours of 20 December. He was allowed to leave. Although this cannot be proved, I have been told that apart from Commissioner Lewis instructing Constable Carmichael not to proceed any further wkh the case. Sir Edward Lyons was driven by one of the police


officers to his Rolls Royce, which was parked on the South Eastern Freeway, and he drove home. Two offences were commkted by the Queensland Police Force, and nothing has been done about it.

Sir Edward Lyons has another two months to go before he is due to go for a driving test. I believe that Sir Edward Lyons should do the defensive driving course. As a matter of fact, he got off quke lightly—he was fined $175 and disqualified from driving for four months. If I had not raised the matter in the media. Sir Edward Lyons would have walked away scot-free.

Take the case of Father Moloney of Surfers Paradise. He was apprehended, put on the breath-analysis machine and he recorded a blood alcohol reading of .15. After numerous remands. Assistant Commissioner Creevey issued instructions that the Crown was not to proceed any further. I have said publicly that the drink-driving laws should apply to everybody, whether one is a politician, a police officer, or a parson.

Mr FitzGerald: I agree.

Mr HOOPER: That was a travesty of justice. Even though I raised the matter in the media, neither the Justice Minister—who is probably the weakest Justice Minister we have ever had—nor the police Minister (Mr Hinze) made any comment in this House. It is not too late for the Government to introduce legislation to prevent any further miscarriages of justice.

Mr Frawley: You might be excommunicated over this.

Mr HOOPER: I do not know about being excommunicated, but I am doing penance. I am walking around for six months with peas in my boots.

Mr Blake: Were you speaking about .15 in a spiritual sense?

Mr HOOPER: Clertainly in an alcoholic sense.

When the training program is in operation, I ask the Minister to remember that the people will be made to attend without their cars, and it must be borne in mind that most of those persons who have had their licences suspended will probably attend after working hours when public transport is very indifferent, to say the least.

I should also like to know where it is proposed that this program will be conduded. Will k be at the present testing stations? There are only three in the mdropolitan area— at Zillmere, Rosalie and Coorparoo. There is an urgent need to establish a testing station in the south-westem suburbs. A station should be established to serve the area encompassed by Chelmer, Sherwood, Corinda, Oxley, Inala—which is the largest suburb in Brisbane— and the mushrooming suburbs on the outskirts.

Initially, the program will be conducted in Brisbane. I hope that it is extended to the provindal cities as soon as possible. I urge the Minister to rejed the overtures from members of the bunyip aristocracy, who, no doubt, will not want the program extended into their areas.

Finally, I refer to heavy vehicles. Most honourable members would agree that they are taking over the roads. Trucks and semi-trailers go through red lights with impunity. The usual excuse is that they cannot stop. If any member driving an ordinary sedan were to try to give the same excuse, he would be booked very quickly by the police.

Mr Davis: You're reading a good speech!

Mr HOOPER: The honourable member is an ex-president of the Transport Workers Union, but deep down he agrees with me. His old trade union loyalties are coming to the fore.

The time'is fast approaching when restrictions will have to be imposed on the entry of heavy vehicles into the city during peak hours. The sooner such restrictions are imposed, the sooner the accident rate will be lowered. An area that comes to mind is Ipswich Road up the hill towards Chardons Hotel. The inbound side of the road has three lanes, and usually there is a heavy tmck limping along in each lane.

AUhough the Government has no compunction about hitting the poor old motorist to leg, it allows the tmck drivers to go free because they represent big business and a large number of their bosses contribute to the Bjelke-Petersen Foundation.


I agree wkh my colleague the honourable member for Brisbane Central that the Bill is a good one. I certainly do not oppose it.

Mr BORBIDGE (Surfers Paradise) (8.48 p.m.): It is always interesting to hear a speech by the honourable member for Archerfield. Tonight's effort was a colourful one, even though it did lack a bit of substance and a good deal of fact. It is amazing how the Bjelke-Petersen Foundation can be dragged into a debate on a Bill to amend the Traffic Act. However, I suppose that is the honourable member's style. He would not be up to his usual form if he did not enter into the fray.

Mr Frawley: He made a contribution to the foundation, but he never signed the cheque.

Mr BORBIDGE: Is that true? I commend the Minister for adopting a very responsible approach to this legislatiori.

Mr Hooper: You've got to say that.

Mr BORBIDGE: What I have said is true. If the honourable member for Archerfield took the time to read the Minister's second-reading speech, he would appreciate what the Government is trying to do and its sincere attempt to overcome many of the problems that arise.

The Minister emphasised in his speech that the Bill did not contain any draconian measures and that is was a restrained, responsible and genuine attempt to meet the problems of the day.

Previous speakers have mentioned the increases in fines. Again I refer to the Minister's speech and to the fact that since 1949, although the Consumer Price Index has increased by 556 per cent, fines have not increased "by anything like that percentage. In fact, if allowance were made for real money values, the existing penalty of $200 would be over $1,000 and the existing penalty of $100 would be more than $5(X).


Mr B O R B I D G E : The honourable member has had his say; I want to have mine. I cannot understand his line of argument that penalties that have not been reviewed since 1949 are excessive. Needless to say, if the Labor Party was in power in Queensland, k would lead us down the same path of ruin as the Labor Government in New South Wales is taking' that State. There would certainly be some increases in penalties if the Labor Party was in office in Queensland.

I strongly support the clause that provides for the holding of road-safety lectures for persons who are convicted of drink-driving offences. That is a very responsible and restrained approach, one which wUl achieve good results. The decision to ask the Road Safety Council to conduct these lectures is a very wise one.

Honourable members who have spoken earlier mentioned the problems created by heavy trucks. Serious problems are caused by trucks carrying gravel, rock, sand and coal from constmction sites and other areas in this State. Only recently I was behind a tmck from which rocks as big as crickd balls were faUing. A motor cyclist following that tmck would have been in a very dangerous situation. The Govemment must keep a close watch on loads carried by big trucks.

Mr Davis: He should not have been travelling so fast.

Mr BORBIDGE: Greater surveiUance is needed. Judging by the way the Minister is nodding his head, he is taking the point very well.

It is appropriate for me to comment on the Road Safety Coundl, which operates under the chairmanship of the Minister. It does not get much credit in this place, but it should do so. Its membership comprises a fine group of people, and it covers virtually every facet of road usage and matters allied to road safety,


Mr BORBIDGE: I have been to four Road Safety Council functions in the past few months, but the honourable member for Brisbane Central has not attended any of them.

Traffic Act Amendment Bill 25 March 1982 5191

Four committees formed within the councU function with the assistance of experts in thek respective fields. I am sure that the honourable member for Brisbane Central will be interested to know that these four committees are the education and training committee, the publicity commktee, the motor cycle commiUee and the research committee.

The education and training committee fosters increased diversity in presentation of the public-education courses conducted by the council. Much of the material developed by the Queensland Road Safety Council has been acclaimed nationally and has been adopted by the Commonwealth Department of Transport for use throughout Australia. Queensland can be very proud of that.

The publicity committee is responsible for deliberations on the mounting of successful advertising campaigns in all sections of the media. Its campaigns concentrate not only on advertising details and training programs but also on making road users more aware of the dangers of drink-driving, not wearing seat-belts, and so on.

The motor cycle committee—and many honourable members have expressed concern about motor cycles—concentrates on all aspects of the motor cycle training program, with special emphasis on its expansion to areas outside Brisbane.

Contrary to what the honourable member for Brisbane Central sought to imply earlier, the research committee meets regularly and many aspects of road safety are considered. For the benefit of the member for Brisbane Central, who is so interested in learning but displays such ignorance, I will cite some of the topics researched. It has considered burns resulting from motor vehicle accidents, evaluated the effectiveness of the motor cycle training program, reviewed the effectiveness of child restraints and many other matters. The result of that research will prove to be invaluable in further training programs.

It is appropriate to mention the high school driver program, which has been adopted successfully in many high schools throughout the State. An ongoing program is under way to have the course accepted more widely. I hope that the Minister wUl investigate what can be done to expand the program to areas where it is not presently being Used.

Since 1948, which was the year of its inception, the Road Safety Council has trained students and overseen the operation of school-crossing patrols. This is again something that perhaps has gone on unnoticed by the general community. These patrols operate on pedestrian crossings in close proximity to schools and are manned by responsible, upper-grade students, who are supplied with the appropriate tools of trade. Throughout the year, patrols in Brisbane, Townsville and Rockhampton are monitored by council field staff, and annually an award is made to the patrol which best performs the prescribed drill.

The council makes available a safe-cycling course to interested parties. The object oi the course is to instruct young cyclists in correct road behaviour, elementary mechanics and riding expertise, in preparation for their becoming the motorists of the future. I have had considerable experience with the Road Safety Council through the conduct of safe-cycling courses by the Gold Coast Safe Cycling Committee. This program has brought immense benefit. A very successful program was operated on the Gold Coast last year and I am hopeful that the Road Safety Council will initiate one this year.

The Road Safety Council maintains quite a library as well as considerable supplies of pamphlets and posters pin-pointing almost every aspect of road safety. Quite a deal of this information is supplied throughout the State to various organisations and groups upon request each year. In addition, limited supplies of traffic codes from each State are available on request.

A film library also exists. It contains approximately 350 different films. The films are lent free of charge to schools, organisations and the general public. Within the stmcture ot the library there are suitable acquisitions to cover almost every aspect of road safety from child pedestrian safety to truck-driving. Using the facilities available in the film hbrary, the officers of the council can and do present screenings of programs of suitable duration for groups and organisations, such as service clubs, scouts and associated groups, school organisations, commercial enterprises, and Government bodies.


SimUarly, an extensive and comprehensive printed reference library is maintained by the council for use by interested persons and organisations. This facUity contains information on domestic and overseas road safety, related research including books and articles on subjects right across the spectrum of this immense challenge of past decades, this decade and, needless to say, future decades.

Mr Davis: Mr Minister, it is not a bad brief you gave him.

Mr BORBIDGE: The honourable member who is interjecting does not have a clue about what the Road Safety Council is doing in this State, and I do not think that he is interested. That is a shocking attitude for the Opposition spokesman to adopt.

Mr DAVIS: I rise to a point of order. What I said was "Mr Minister, it was a good brief you gave the member."

Mr DEPUTY SPEAKER (Mr Miller): Order! There is no point of order.

Mr BORBIDGE: The honourable member is wrong once again.

The Road Safety Council staff frequently accept engagements as guest speakers at many organisations. They provide a lecture service to Government departments and industry generally. The service is avaUable upon written request. Addresses are available on pin-point topics or the broad range of road safety activities, depending on the requirements of the group or organisation. Arrangements are often made for these addresses to be supported by the screening of the latest available road safety films.

It should be taken on board that members of the general pubUc can and do refer traffic hazards to the Road Safety Council. Although the council's pursuits are of an educational nature and do not extend to the provision of traffic control facilities, to alleviate any hazardous situations the councU, as a service, refers any complaint to the appropriate authority and follows up the matter. In due course it advises the person who made the complaint of the outcome of the representations made on that person's behalf

Hazardous sites have been inspected by council staff and certain recommendations made, in conjunction with the referral of the complaint to the appropriate authorky. The research committee of the Road Safety Council initiates research programs on various aspects which affect road safety generally, particularly in this State. Such research programs have been conducted, and several other projects are currently being conducted in this ongoing program. The results of these completed programs have been of great benefit to the council and to the cause of road safety in this State by providing a sound, reliable and responsible basis for existing and future public education programs.

To make the public more aware, each year the Road Safety Council conducts several major advertising campaigns with topics aimed at reminding all road users of their responsibilities in respect to safe road behaviour. The honourable member for Isis mentioned this point, and I commend him for it. As usual he had a very deep knowledge of the subject, a great awareness of the problems and how they can be overcome, which is in distinct contrast to some other members who have graced the floor of this Assembly tonight. These advertising topics include reminding all road users of their responsibilities in respect of safe road behaviour, and includes such things as drink-driving, the use of seatbelts and child restraints, pedestrian care and general chUd road safety. To gain the widest possible exposure requests are made to all forms of the media for their co-operation, in conjunction with the council's campaign which, although conducted throughout the year, are accelerated during known times of high risk such as Christmas, New Year, Easter and the school holidays. In a debate such as this I think it is fair to refer to the substantial co-operation that the Road Safety Council, the Minister, his parliamentary committee and the Government have had from many areas of the media recently.

As an incentive for safe road usage the council recognises traffic-violation-free driving by the presentation of appropriate awards within the structure of two incentive award schemes. One of these is the Safe Driving Award, for which only commercial drivers are eligible to enter. Drivers who have completed a full year of breach-free driving and who have been nominated by their employers receive recognition of their achievement. The


Safe Driving Award is an ongoing program, and successive years of violation-free driving attract appropriate awards. This is a fine scheme which should be commended. There are drivers in (3>ueensland who are now eligible for 27th-year awards.

Mr Simpson: What is a commercial driver?

Mr BORBIDGE: As a member of the parliamentary committee and someone who has taken an active interest in the Road Safety Council the honourable member should be making an input through the proper channels if he wants to air his views in this regard.

There is also a Defensive Driving Award, for which the participants in defensive driving courses are eligible to enter. This has been in operation since 1972 and involves many thousands of participants from all parts of the State. Public presentations of this award are often made in large centres of population throughout the State.

The Road Safety Council uses every available opportunhy to emphasise the need for road safety within the community, and a vehicle most frequently used for this purpose is regular participation in agricultural shows throughout the State. I know that this has been done in the electorate of the honourable member for Caboolture, and he has told me on numerous occasions of the great value and impact that this has in such areas. The council is always pleased, I am assured, to take the opportunity to locate display material in places which attract large numbers of people, because as traffic and population densities increase innovations are introduced and traffic regulations alter, as we are seeing in this place tonight. 1 am sure that the Road Safety Council realises that it will need to continue to upgrade and update its activities in accordance with modern trends. The Queensland Road Safety Council is a body of which all members of Parliament can be proud. As years pass, it will become more diversified and stronger.

I must make one slight correction to a comment that was made by my good friend the honourable member for Isis. He said that the road to the Gold Coast is a four-lane highway all the way. One section of the road is not a four-lane highway, and it is causing quite a deal of concern. I refer to Gaven Way, where the Pacific Highway diverts from the Gold Coast Highway. The Government has taken notice of the concern that has been expressed about Gaven Way, and in the not-too-distant future the necessary improvements to that road will be commenced. It carries a large volume of traffic. Any honourable member who has travelled to the Gold Coast for a week-end and has tried to return to Brisbane on a Sunday night will know of the disasters that have occurred on that road.

Mr Akers interjected.

Mr BORBIDGE: The road to the North Coast is not as good. Large volumes of traffic travel along Gaven Way, and the problem certainly requires attention.

1 commend the Minister for introducing the Bill. I am sure that all honourable members who speak in this debate tonight will express their concern about road safety. Despite some political comments that have been made during the debate, I believe that deep down all honourable members acknowledge that this Bill is a genuine and sincere attempt by the Mmister and the Government to overcome many of the problems that we have been experiencing.

Mr AKERS (Pine Rivers) (9.7 p.m.): Although I have my differences with the Minister for Transport on many subjects, such as the need for a freeway to the northern areas of Brisbane, I must fully support him on his introduction of this Bill. I must congratulate him on the attitude that he has brought to the office of Minister for Transport. The position has been neglected in some parts very severely for some time.

The Minister has promoted the Queensland Road Safety Council, to which the member lor Surfers Paradise has just referred, in a way that will be of great advantage to the people of Queensland. The Minister has looked at what the council is about and has seen that that is the body from which the strength can come in road safety matters in Queensland. nehas seen that road safety can be achieved not by law enforcement or by adopting heavy-landed tactics, but by giving proper education in places such as schools, and shows where people enjoy themselves. Those are the places where people will learn the things that really matter, and they will drive more safely.


This Bill and the regulations that were introduced a Uttle while ago are examples of the new attitude that the Minister has brought to this portfolio. The Minister has introduced his own proposal, not something that has been handed to him by his department.

Opposition Members interjected.

Mr AKERS: Opposition members may laugh, but I believe that the Minister looks at and understands these matters before he introduces them into this Parliament. We are not getting from him the sort of garbage that we got in the BUl that we discussed earlier today. I know that I am not allowed to speak about previous Bills that have been debated. The provisions in this BiU are those of which the Minister approves.

The Minister makes full use of the expertise that is available to him in his Government parties' committee. It comprises people from all parts of Queensland with all types of expertise. The Minister presents the committee with material,' including regulations, for discussion. He does not treat committee members as useless obstructionists, as some other Ministers appear to do.

Mr Frawley: That is not nice.

Mr AKERS: That is what happens. The honourable member knows as well as I do that the committees of some Ministers never meet. I was a member of one committee for three years and it did not meet once.

The Bill makes some very important changes to the Traffic Act, all of which will help to improve traffic flow and reduce the horrific road toll. Later I intend to give some statistics and details that isolate the real problem.

Mr Davis: What was the committee that did not meet for three years?

Mr AKERS: I wUl not speak about it. It was in a previous ParUament and the Minister is not here now. I simply tried to point out that some Ministers make absolutely no use of their committees and others use them fully. The Minister for Transport is one who uses his committee to the full.

The defensive-driving courses, which have been promoted as fully as possible by the Minister, are excellent, and I shall speak about them later. The BUl provides that persons convicted of drink-driving offences will be ordered to undergo a road safety course conducted under the auspices of the Road Safety Council. That is a positive step. It is not a penalty about which people get annoyed. It does not send them to gaol, and it will help them to learn about road safety. It will be of great benefit to road safety in Queensland, and I am surprised that members opposke have seen fit to decry it. I hope that it is extended into country areas, because not only city drivers commit drink-driving offences.

Mr Davis: You can bet that it will not go into the country areas.

Mr AKERS: If the Minister has his way, it will be extended into country areas because it is something that can save lives. Many lives are lost in accidents on country roads.

Another clause of the Bill provides for the reinstatement of a licence after two years. That is a logical mechanical amendment that needs no discussion.

The Act still contains penalties that were introduced in 1949. If the Act is to be effective, the upgrading of penalties makes sense.

The clauses that provide for driving fees and other technical amendments have been fully discussed. They simplify the procedure and nobody could have any objection to them.

The proposed amendment that will allow local authorities to provide preferential parking for disabled drivers is a very positive step. Although it may be a year late— perhaps it should have been introduced during the International Year of Disabled Persons; probably it should have been introduced 30 years ago—I am sure that disabled persons will appreciate it. I hope that local authorities take advantage of the provision and give disabled persons that amenity. I ask the Minister to write to all local authorities informmg them that that option can now be exercised. Perhaps he might even draw up a draft by-law that they could adopt.

Traffic Ad Amendment Bill 25 March 1982 5195

1 am aware that the House has just heard a great deal from the honourable member for Surfers Paradise about the Road Safety Council, but it reaUy needs promoting. Since its inception in 1947, it has had a very positive effect on driving in Queensland. Its education program has an overall objective of not only containing but also reducing the road toll in Queensland. That is certainly needed. I have mentioned already the horrific effect of bad driving, and I have in my possession some really frightening statistics relating to Queensland.' I know that it is not desirable to use statistics when one is speaking about individuals, and I ask for members to remember that every number that I mention in the next few minutes relates to human beings.

In the year ended 30 June 1980, 7 688 road traffic accidents occurred, compared with 7 866 in the year 1978-79. That represents an enormous number of people killed or injured on the roads. In 1979-80 the number of people kiUed was 605. That figure comprises 244 motor vehicle drivers, 168 passengers, 91 pedestrians, 93 motor cyclists and 9 cyclists.

The number of persons killed showed a decrease of 36 on the previous year. A decrease of 36 is not very many. For the corresponding period, the number of persons injured was 10 037. That represents a 5.4 per cent increase on the previous year. The number of persons injured was 3 863 motor vehicle drivers, 3 553 passengers, 705 pedestrians— a frightenmg figure—1 495 motor cyclists and 421 cyclists.

During 1979-80, in the Brisbane statistical division 40 per cent of the statistical population accounted for 48 per cent of all road traffic accidents.

Mr Davis: With all due respect, everybody receives the statistical returns.

Mr AKERS: It is important for people to understand them. Every one of the figures that I have mentioned represents human beings..

The Brisbane statistical division had 42 per cent of all casualty accidents and 30 per cent of persons killed. That is something that should be noted. It also had 41 per cent of persons injured. With 46 per cent of the population, the Brisbane statistical division has only 30 per cent of the persons killed and 41 per cent of the persons injured. More people are killed on country roads, although everyone says they are safer.

Mr Davis: The member for Isis said that it is mostly city people who are killed on country roads.

Mr AKERS: That could well be so. Country people are injured in the Brisbane area. It does not matter where they are, an enormous number of people are maimed or killed on our roads. Positive action must be taken to prevent that. People who live in country areas should take notice that a large proportion of people are killed in country areas. Whether those people come from the city or not, it is the manner of driving in those areas that is causing the accidents. Because of the efforts of the Road Safety Council, the police and other educational institutions, the accident rate for the Brisbane statistical division, in spite of a large increase in the number of motor vehicles registered, has shown a decrease in the 1980-81 period.

In 1979-80, 2 084 persons were required to submit to a breathalyser test and blood-alcohol analysis. Of the 2 084 persons who were involved in traffic accidents, 1 840 showed a poskive reading and, of those, 1 643 showed a positive reading of .08 or above. Of the 605 road users who were killed during that period, 391 were subjected to tests, 221 of which proved positive. In other words, well over 30 per cent of persons killed on roads durmg that period showed positive breathalyser tests. There would be several who, because they were dead, could not be tested.

Of 189 motor vehicle drivers who were tested. 111 gave positive results; of 93 motor-Cyclists, 73 were tested and 40 gave positive results; and of 91 pedestrians, 52 were tested and 34 gave positive results. A very large number of those fatally injured who were tested gave positive readings. Of 177 other road users, 77 were tested and 36 gave positive results.

5196 25 March 1982 Traffic Ad Amendment Bill

The figures show that an enormous number of deaths on the road are related to alcohol. I am not saying that alcohol is the only cause of death on the road, but it is a major cause. The Government and all the people Oi Queensland must take poskive action to overcome this terrible state of affahs. That action needs to be taken by the individual. There ought to be a change of attitude.

Many years ago a friend of mine who was driving a car while obviously very drunk killed someone in what was officiaUy described as an accident. It could hardly be called that. I remember the deep sorrow I felt not for the person who was killed but for my friend because he was taken to court and charged with dangerous driving causing death. He was liable to imprisonment for three years. I felt very sorry for him. I together with some of my friends went down to the court with him to give him moral support. We did not even think about the person who was kiUed. Unfortunately, that is the attitude adopted by most people in the community. They feel sorry for the person who is charged and who will possibly be imprisoned for killing somebody on the road. However, they would not (fed sorry for him if he shot someone. That is the attitude that every Queenslander has to change. It is only by a change in attitude that the community will succeed in reducing the road toll caused by drink-driving.

I support the Bill to the fullest. However, I level one or two criticisms of which I hope the Minister will take note. I support the comments of previous speakers who referred to loads on trucks. For a long time they have caused me grave concem. Some years ago a grader fell off the back of a truck at Taringa and killed a couple of people. Anyone who drives on the road regularly will have his windscreen smashed or his car damaged by gravel falling off tmcks. A motor-cyclist or a driver in an open sports car will be hit by gravel faUing off trucks. Pieces of timber he all along the road. Only today I saw a truck driver running back to pick up a 15 ft length of 4 x 4 timber that had fallen off his tmck. Luckily, it had not gone through a windscreen of a car coming the other way. The truck driver picked it up, put it back onto his tmck and drove off. If it had fallen off and killed someone, probably he would not have stopped. The death would have been regarded as an acddent, whereas it would have been murder in the fullest sense. The timber had not been tied on. Some very positive policing of the rules goveming loads on trucks is essential.

Testing procedures at the driver-testing stations are a problem. Under the demerit system a driver who loses nine points has to show cause why he should not lose his licence; but during a driving test an examinee can lose nine i>oints and stUl get a licence. If a person being tested crosses a double Une, he gets a couple of demerit points. He can err in several other ways without losing enough points to prevent him from obtaining a Ucence, but had he been fined for the same traffic offences he would have lost his licence. The points system must be amended. It is not working properly. People are being given licences to drive when they should not be.

At present, a man who gets a licence to drive a mini-bus can legaUy drive an interstate coach. Anyone who allowed him to drive a coach would be a fool, but he is legally entkled to do so. I ask the Minister to carefully consider that anomaly.

Under the Traffic Regulations a tmck driver who is driving a truck with a sign on the back saying "Do not overtake turning vehicle" can activate his left-side traffic indicator and move to the centre of the road before tummg left. Not many people know what the signs mean. Because the new rule has not been given publicity people are being caught when a tmck moves first to the right and suddenly turns to the left. When a truck moves to the right, people expect it to turn to the right. No-one in a smaller vehicle can do that, but a truck driver is allowed to do so if his truck carries the sign. Firstly, I suggest that the signs should be far more prominent than they are. Some of them are displayed in two or three segments across the back of the truck. They virtually have to be read in cinemascope to be understood. Secondly, people must be warned that they are taking their Jives in their hands if they overtake large trucks.

I ask the Mmister to provide a testing station to serve the Pine Rivers area. The nearest one is at Zillmere. It is a long way from the people living at Albany Creek, Bald Hills, Strathpine and Lawnton. Testing facilities should be provided either at the Petrie Police Station or in a new station somewhere in the Bald Hills/Strathpine area.

I fuUy support the Bill and commend the Minister for introducing it.


Mr PRENTICE (Toowong) (9.28 p.m.): This is a very important debate. It has not attracted a great deal of attention in the media, and it does not appear to stimulate th« same degree of mterest as some that we have engaged ki today. We can look at this topic and say that it deserves as much, if not more, attention from the media and the community than the fisheries problems. I say that because, although we might consider other legislation that affects people's livelihood—how they eam their money and how they liye—this legislation and ks effects can play an important role in terms of life and death. Some people might say, "Really, you are bemg a bit too dramatic."

There are those who ignore the real dangers on our roads. That sort of approach, which was covered to some degree by my colleague the honourable member for Pine Rivers, costs us dearly in terms of human life and the tragic waste of a great human resource. A person who adopts that approach says, "I am aware of the road toll. I know that to drink and drive is dangerous. But that reaUy does not concern me." That person says, "i wiU not gd caught. I wiU not drink enough to be in the situation covered by the Bill." The sad reality is that it does happen and it happens to people who do not drink.

The Bill starts to get to the core of the problem. A person who drives under the influence of alcohol and gets eaught once has the feeling not that anything wrong was involved but that k was bad luck; if he had been 10 minutes earlier or if he had not been involved in an accident, the policeman would not have seen him and he would have reached home without having to worry about court appearances and losing his Ucence.

The provisions in the BiU may brmg that hard reality home to these drivers, not simply because they will lose their licences, but because there is a possibility of their undergoing a program of training which, hopefully, will show to them, and to many other people who may visit the road safety course in any case, the tragic results of drink-driving. It wiU show them how they can be more responsible road users. A lot of what I am saying and a lot of what has been said tonight is nothing more than words. They are words that we have aU heard before but they are of such remarkable importance that people should be reminded of them and the dangers of this sort of approach time and time again.

A major concem of mine is the number of accidents and road deaths on State highways in country areas, certairdy outside the south-east corner of the State. I ask why. As the honourable member for Brisbane Central mentioned, possibly the reason is that a number of city drivers use country roads and do not know the roads on which they are travelUng. They drive with the feeUng that the roads wUl not be completely policed, that they will see fewer police than they see on city roads, and that they do not really have to worry how they drive. That is part of the problem across the board, the feeling that a driver thinks he can get away with it and drives a bit faster. PoUce ofiicers have to attend to not only the problems of traffic on the highways but also the day-to-day police duties, which take so much of their time.

Mr Borbidge mterjected.

Mr PRENTICE: As the honourable member for Surfers Paradise said, they have a very big job. It is a job that is not made easier by their having to accept the added responsibility of patrolling the roads.

The Government should consider the setting up of a State highway patrol. Some people wUl say, "Why? They vvdll stiU be police, but with a different name." Such an approach would be well worth while m terms of administration and enforcement. Adifiiriistratively the State transport poUce, the poUce seconded to the Main Roads Department and the police in traffic branches in provincial cities and towns could be amalgamated into one unit that could provide a specialist approach to the problems on our major highways and the road toU.

They need not be limited to just that aspect because, through that co-ordination, we could actually see an approach that looks at many other areas, the crime that takes place on our highways such as the murder of hkch-hikers, and so on. We hear a lot about

at sort of thing, but we cannot forget that other great murderer, the traffic accidents °n our roads. An approach of this nature would be noticeable and drivers would be niore concerned about the possibility of being caught when they speed. I believe it would "'ip m the overaU administration of our roads.

17176-171


We talk about road safety and our concern about the deaths on our roads, but the reality is that the solution to the whole problem comes back to people and their approach. There can never be too much education in this area. AUhough people might be aware, even at a very young age, they need to be taught more so that the need for road safety really hits home. Too often people drive past the scene of a traffic acddent, slow down for perhaps five miles and then gradually increase speed again. Even something as tragic as a traffic acddent has very little impact. I believe there should be a continuing education program throughout our schools, through the media and through the efforts of the Minister's department.

In conclusion, I commend the Minister not only for bringing this Bill before the House but for his approach to the whole road safety problem. As other members have mentioned, his committee meets regularly to look at the problem. He has always been prepared to accept suggestions and see what can be done to solve the problem. It is a tribute to the Minister that that sort of approach is now leading to some concrete examples of legislation that wUl help to solve a great part of the problem.

Mr EATON (Mourilyan) (9.37 p.m.): In his second-reading speech the Minister for Transport said in pa r t ^

" a court be given power, in addition to any penalty that it may impose on conviction of an offender for drink-driving, to order him to attend, within the period of disqualification, a training program to be conducted by the Queensland Road Safety Council."

There could not be a better equipped body to conduct such a program, but 20 years ago before drink-driving became an offence, if a driver was convicted of speeding or breaking some other traffic regulation he had to attend lectures conducted by a sergeant of police on one or two nights a week for a month. I knew many good drivers who were ordered to attend such lectures, and they treated them as a big joke. At times all of us have lapses in concentration, as they did, and they did not take the conviction or the lectures very seriously.

Despite the good intentions of the Government and the Queensland Road Safety Council I do not believe the program will be effective because of the attitudes of the people attending the program. In his speech the Minister referred to the mental capabilities of people who seemed to be continually involved in traffic accidents.

The honourable member for Pine Rivers referred to his concern about a friend who had been charged following an accident and about how worried he was about what would happen to him. That seems to be the general feeUng in society today. Someone says, "Poor old Fred, he has to live with it." But no-one does much to publicise the hurt and sadness felt by a family foUowing the death in a traffic accident of a husband, father or young chUd.

I am afraid that our society is more concerned about poor old Fred or CharUe who is left to face a charge of drink-driving than about the unfortunate person who was killed in the acddent. I think that that is one area in which the penalties could be increased, but again it comes back to the individual. In this age of technology we can make anything work, except the human; and that is the biggest obstacle that the Minister has to overcome.

In his second-reading speech the Minister referred to drivers' attkudes and mental capabUities. I think that a specialty branch of the Police Force should be established in areas throughout Queensland to deal with traffic accidents. Such a branch could take that load off the ordinary policeman. Years ago, I can remember occasions when the police were seeking the assistance of people but they were not getting it. When I raised this matter at a gathering one night, the people who could have given assistance to the police said, "No. They have given me a ticket." They were crooked on the police.

Since then, I have noticed that 99 people out of 100 who are crooked on the police adopt that attitude because they have been given a traffic ticket. Those people believed that they were traveUing backwards at 5 miles an hour when the police booked them for travelling at 70 mUes an hour. This is the attitude of the community to the PoUce Force, and it is hindering the Police Force. Because of a lousy $5, $10 or $20 traffic ticket, police are not receiving assistance from the community.

Traffic Act Amendment Bill 25 March 1982 5199

It has been stated that the provisions of this BUl wiU apply to driving offences committed in Brisbane and provincial cities. I can see a problem there. If the court takes a licence off a driver who lives 20 mUes out in the bush, the police will have to mn a taxi service to bring that driver in to a centre to be retrained. There are no bus or train services in most country areas.

Mr Borbidge: There is provision for flexibUity.

Mr EATON: A person might have to do 100 push-ups a day, or something like that. I just cannot see his gettmg to a rehabUkation centre.

Despite the bk of humour that has been introduced into this debate, this is a very serious BiU. I hope for the sake of not only the Mmister but also aU Queenslanders that this BiU wiU have the desired effect.

One matter that concerns me is that this Bill could be used as a revenue-raiser and not as a life-saver. The Bill provides for a fine of $1,0(K). We must keep in mind that we cannot put a value on a Ufe; I would never try to do that. We do not want the Bill to be used as a revenue-raiser. Already, the Government is getting two payments from every driver who has two vehicles. Now, the Govemment is to levy a traffic-improvement fee. The Govemment will stUl receive two fees, but one will be charged under a different name. Whatever else we say about the Minister, we have to give him credit for raising extra finance and at the same time keeping us smUing.

Mr FRAWLEY (Caboolture) (9.45 p.m.): I rnake the comment that the member for Brisbane Central who led for the Opposition could not lead homing pigeons.

Mr Borbidge interjected.

Mr FRAWLEY: He did not understand the speech of the member for Surfers Paradise. He has a little piece of bone between his ears and he does not understand things very weU. I will be very careful and try to explain thmgs to him in a very simple manner.

I congratulate the Minister for Transport and his committee. The contributions made by the members of his committee are testimony that it is a good committee. The member for Surfers Paradise made a briUiant contribution and I prerdict a great future for that young man. The member for Pine Rivers, a man after my own heart, made a great speech. On various subjects his thoughts are the same as mine, but he is a little bit sensitive about k because he does not want to be known as a hangman and a flogger.

I receive an increasing number of complaints every week, particularly from women drivers, about heavy trucks on the Bruce Highway. With the aid of a pair of field-glasses I have gone to the trouble of watching tmcks leaving the Burpengary weighbridge to see if what I have been told is true. A great number of the trucks leaving that weighbridge barge straight into the 1(X) km/h zone. They simply take over and do not give a hoot for anybody. I have written to the Minister for Police and the previous Minister for Transport who have done nothing about it. Toiught I make another plea for a "Stop" sign or a "Give-way" sign to be erected at the exit of the Burpengary weighbridge so that the trucks will give way to motorists. An alternative would be to reduce the speed Umit on the highway at that point. A car travelling north at 100 km/h in the left-hand lane of the Bruce Highway at Burpengary can be confronted with a truck entering the highway at 20 km/h. If there are vehicles in both lanes of the highway, drivers have to hit the brakes. I travel on that highway a great deal so I know what I am talking about. It is usually women drivers who are terrorised.

One day I was driving my wife's Gemini, which is an automatic. It would not pull the hat off your head! I was travelling at 90 km/h when I was passed by a woman driver. t then heard the honk of a hom and in my rear-vision mirror I saw a big prime mover without a trailer; it followed me from Beerwah down to Glasshouse honking its horn most of the way. I was travdling at 90 km/h in the 100 km/h zone, but why should I be pushed up to that speed? Shortly after that I spoke in this place and mentioned the registration number and the name of a firm. That firm wrote to me to apologise, but that is just a lot ot horse-radish because nobody gives a hoot. Not aU of the tmckies do that sort of thing but a big majority just take over and push people off the roads. It is about time the Government did something about that, particularly on the Bmce Highway. I hope as a result of this speech the Minister is able to have something done about it to protect people using that

5200 25 March 1982 traffic Ad Amendment Bill

highway. Although there have not been too many accidents there, it is not good enough to wait until a fatal accident occurs before something is done. The practice should be stopped first.

Mr Davis: Well, you get your pedal car off the road.

Mr FRAWLEY: The member for Brisbane Central refused the invitation from the Minister for Transport to attend the demonstration of the mopeds. The honourable member knows quite well that the Minister wrote to him and every other member of the ALP, but they aU refused to attend because they have no interest in road safety.

Mr DAVIS: I rise to a point of order. The Minister for Transport did not invke my colleagues or me to the demonstration at which he had the smash on the moped.

Mr DEPUTY SPEAKER (Mr MUler): Order! I ask the honourable member for Caboolture to accept the word of the honourable member for Brisbane Central.

Mr FRAWLEY: I will accept the word of the honourable member but I am most surprised and hurt

Mr DEPUTY SPEAKER: The honourable member will withdraw the remark wkhout qualification.

Mr FRAWLEY: I accept his word without reservation because I well remember the time when the Minister for Transport, who was then a back-bencher, and I took the member for Brisbane Central to the Woodford Prison and entertained him at moming tea. This is the thanks we get. The honourable member cannot deny that. The late John Herbert was the Minister and he invited the honourable member up there for opening day.

Although I have a shandy only now and again, I am not a wowser. I don't care who drinks. For all I care, people can drink themselves into the ground as long as they do not interfere vrith anybody else. But I have no sympathy for the person who is booked for driving under the influence of alcohol. That is his business, If he wants to drink, fair enough; let him be booked. Since I was elected in 1972, no matter who has walked into my office and said to me, "Get me out of this drink-driving charge.", I have said, "No." I have even told my own sons that if they get booked for drink-driving, they should not come to me to get them out of it. I wiU help them pay their fine, but I wiU not help them or anybody else to get out of it.

Mr Hooper: What about Sir Edward Lyons? Look what Commissioner Lewis did for him.

Mr FRAWLEY: It was damned disgraceful. I do not mind admitting that, and I am a member of the National Party. If that had been me or any other person, we would have been slapped in straight away that night. It was a damned disgrace, and I am not frightened to say that.

Mr Davis: Just for the record, you are finishing up next term.

Mr FRAWLEY: That's right, I am. For the next 18 months I will kick hell out of anybody who has kicked me during the past 10 years.

I do not blame the Licensing Commission for insisting on the provision of large car-parks for hotels. It is not only the commission that does that. Local authorities require hotels to have large car-parks. I was a member of the Redcliffe City Council for six years and I know how local authorities insist on the provision of large car-parks for hotels and churches.

It is a medically proven fact that alcohol is dissipated through a person's body if he exerdses after drinking it. There is no argument about that. I have spoken to sports medicine doctors about it. The best thing for anyone to do after he has had a few drinks is to do some exercise. The best exercise is walking. We should ensure that only small hotel car-parks are established. Hotel patrons should be made to park thdr cars a fair distance from hotels.

Mr Moore: They should do away with hotels and just have small taverns.

Mr FRAWLEY: That is right.

Traffic Act Amendment BUl 25 M'arch 1982 5201

I have often thought that once in a while every breathalyser in the State should be taken to hotel car-parks for one night so that drinkers can be tested. They should not be booked; they should be tested in the car-park. They should be told, "You are over .08 and you should not be driving." I am not advocating that the drinkers should be booked. Some people do not know that they are over the limit, and they could be shown the reading on the breathalyser. I know that some people say that they can drive much better after they have had a few drinks. That is not quite correct.

Years ago in America some tests were conducted on athletes. One group was made.up of athletes who admitted that they drank a fair amount of alcohol. That group admitted that they were habitual drinkers. Another group was made up of people who had never had a drink at all. For the purpose of the test they were required to consume alcohol. A third group was allowed to compde without partaking of any alcohol. The average performance of the persons who had never had a drink of alcohol at all was far superior to that of those who were confirmed drinkers and those who had partaken of alcohol for the purpose of the test. I must admit that the people who were confirmed drinkers did bdter than those who just consumed the alcohol for the purpose of thp test. In the discus and hammer-throwing events the persons who had partaken of the alcohol were absolutely hopeless.

Mr Hooper: How do you think the Premier would be after four or five beers?

Mr FRAWLEY: I think that the Premier is a pretty fit man. He is probably fitter than most members in this Chamber. He does a lot of exercise. I do not know how he would go, but I would match him over 1(X) metres against the member for Archerfield. I would put all my superaimuation on him, too.

Mr Moore: If you put all your superannuation on him, he would be flat out lumping it around.

Mr FRAWLEY: As I said before, I would like to take it in Evans Deakin shares. There is no necessity for high-speed chases by police officers. The Road Safety Council

should come out against them. Too many poUce officers have seen ''BuUitt" or "Starsky and Hutch". They push some young people beyond their limit. They should obtain the registration number of the vehicle and let the offender get away. Innocent bystanders can be killed. Recently the son of a police sergeant was killed. We were told the same old story—the policeman was only doing his duty. He is not doing his duty when he is pushing a motorist into a high-speed chase. If the police cannot apprehend a speedmg motorist by doing a safe speed, they should let him get away and take his number. Even if they cannot get his number, it is far better to let him get away than to have him kill an innocent bystander. That is an aspect that the Road Safety Council should be looking at.

Mr Hooper: That is one of the best points that have been made tonight.

Mr FRAWLEY: I thmk so.

People who appeal against disqualification should not be required to travel great distances to have their appeal heard. If someone who lives in Brisbane is booked in Cairns, and if he wishes to appeal, he should not be required to go back to the centre iat which he was booked.

I am not in favour of increasing fines imposed for traffic offences. The best thing to do is to take the wheels from under a motorist who commits a traffic offence. Instead of increasing the fine, take his licence from him. Any motorist who is convicted of dnnk-driving a second time should automaticaUy have his licence taken from him for at least two years. For a third offence, he should be gaoled for six months. I remember when a term of imprisonment Of six months was imposed for a second offence of drmk-driving. What happened? The Government became weak and succumbed to pressure. It lifted that penalty. It was the best one we had.

Mr Moore: Don't be stupid. You are talking like a galah.

Mr FRAWLEY: No. I am not.

Mr Moore: You have to look at the reasons. If someone was dying at his home and a motorist had to get there in a hurry, he should not be convicted.

5202 25 March 1982 Traffic Ad Amendment BUl

Mr FRAWLEY: He should not be drunk if someone was dying at home. He should be stone-cold sober and saymg prayers alongside the dying person.

I have no sympathy for someone who is convicted of drink-drivings ; I. recaU a young roan in Redcliffe whose pregnant wife was knocked down by a drunken driver coming home from a bowls club. She was kiUed and so was her unbom child. Her husband suffered a great deal of sorrow. The dmnken motorist ran away and later pretended that he had lost his memory.

Mr Hooper: Like Constable Cunning.

Mr FRAWLEY: That is right. That is one of the most disgraceful things I have heard. A blood sample was taken from the dead woman—I am not arguing against that— and, by heavens, one should have been taken from the police officer. If I had been in that car, I would have insisted that a blood sample be taken. It is disgraceful that there is one law for some persons and another Taw for others.

As to disabled persons—^the Redcliffe Cky Council, of which my brother is mayor, i? already doing something by way of providing parking facilities in Redcliffe for disabled persons. It was my brother's idea. Disabled persons should be catered for. I do not do very much for them, but often they attend the veterans' athletics because they compete in their wheelchairs on the synthetic track- I know a large number of disabled persons and I am aware of the problems that they encounter. They can get into and out of their cars afl right, but it is burdensome for them to have to cover the long distance between thek parked car and their destination. They should be given parking concessions.

Since the Minister became Minister for Transport I have followed His career with interest. He is a good Minister for Transport, and I commend him. I hope that he has the intestinal fortitude to do something about some of the matters that I have raised tonight, particularly the matter of the Burpengary weighbridge.

Mr MOORE (Windsor) (9.59 p.m.): I do not wish to prolong the debate, but I promised that every time an opportunity presented itself to talk about the road toU I would mention the governing of the speeds of motor vehicles. Members of Parliament talk about the road toU and are in favour of the introduction of breathalysers and other measures. You name it, we'll do it! But we wiU not do a thing about reducing the speeds of vehicles.

Some members say, "The statistics in America show that because such-and-such was done the road toll is only half ours." The top speed in America is not 60 miles an hour, as it is here, but 50 miles an hour, and the traffic regulations in America are policed strictly. In Queensland, it is not the drivers who drive at 60 miles an hour who are the problem.

Mr Powell: It's the ones who drive at 50 miles an hour on the open highway.

Mr MOORE: Yes, dills like the honourable member.

A driver can be forgiven for driving at 60 miles an hour. Since I acquired a property up near Warwick and while I have had to cover the 113 mUes between it and my home in Brisbane, I have found that I no longer drift along at 45 mph as I Used to do. I drive ac a speed close to the speed limit of 60 miles an hour.

Mr Frawley: Your Austin Freeway could not do 60 miles per hour.

Mr MOORE: I have travelled to Warwick with other people in Mercedes Benz cars, but I have found that when I travel in my Freeway I make the trip in the same time, or even a little less, without exceeding the speed limit.

When I drive at 60 miles per hour, everyone passes me.

Mr Frawley: In an old, clapped-out Austin Freeway—why wouldn't they?

Mr MOORE: I do not mind it being dapped out.

Mr Gunn: Has it got a top gear?

Mr MOORE: I sometimes get it into top gear.

Mr Frawley: Have you got your Mercedes planted at Warwick, while you drive,your other car around your electorate?


Mr MOORE: No, I have not. Everyone passes me because I am a reasonably careful driver. Motor vehicles should

be governed to 60 mUes per hour. I do not say that the engine revs should be govemed. In this age of electronics it is easy to fit a device to motor vehicles to govem the wheel speed, so that the engine can rev as much as it likes, but as soon as the speed is reached at which the device is set, the governor takes over. Only a smaU hole would have to be drilled in the speedometer to fit the device. The govemor functions when the speedometer needle trips the device. People may say that would be dangerous but it is not.

As I said, I drive my Austin Freeway at 60 miles per hour. I also own a Jeep two-ton tmck that wUl do 100 mUes per hour.

Mr Powell: Down a hill?

Mr MOORE: It wiU do 100 mUes per hour on the straight, but that is not the point. Because it is a two-ton tmck, my Jeep does not feel safe above 50 mUes per hour, driven light, with tyre'pressures of about 55 psi.


Mr MOORE: That can be multiplied by seven for kilopascals in the mad metric game. I do not try to drive the Jeep faster than its comfortable speed, because it would be

stupid to do that. I drive my car at 60 miles per hour and my Jeep at 50 miles per hour. I have no desire to kiU myself. If vehicles were governed at 50 to 60 miles per hour, what fool would pass another vehicle when he knows that his car will not travel fast? Anyone who drove a Morris Minor or some other vehicle that could not reach a high speed other than down hiU did not attempt to pass another vehicle travelling at 60 mUes per hour. That would have been stupid.

I know that the Minister wiU not adopt my suggestion. He only says, "What would your neighbour say? How would you get along with him if you told him you were governing his motor vehicle to 50 miles per hour?" I would get along with my neighbour damned well. The road toU would drop so quickly it would not matter, but no-one in this ParUament has the guts or the sense to govem the speed of motor vehicles.

Speed is the common denominator in accidents. Accidents are caused by inattention at speed, carelessness at speed, overtaking at speed and cars getting out of control at speed. Speed is the common denominator. No-one is kUled by a stationary vehicle unless the jack slips while he is under it.

Mr PoweU: Then it is not stationary.

Mr MOORE: It might be faUmg vertically. Many drink drivers travel along Adelaide Street and other city streets; but, because

they cannd travel at any great speed, no deaths are caused. The statistics show that no deaths have occurred in Adelaide Street, which is often full pf people with all sorts of problems. If honourable members had an ounce of compassion—and they do not; no-one gives a damn—they would govern the top speed of vehicles as an experiment.

Mr Powell: TTiat would be impracticable.

Mr MOORE: It would not be impracticable. The most impracticable thing is the honourable member's mind. He does not possess enough mental nous to accept facts.

Mr Frawley: He is one of the ex-teachers. What do they know?

Mr MOORE: That is right. He is one of the ones who talks about class sizes. I intend to harp on this matter. But for the turn of the wheel I wOuld have been

Minister for Transport. I missed out by virtually nothing. If I were Minister I would not be introducing this tripe; I would be governing the speed of motor vehicles. Tbe only way I would not do that is if Cabinet overruled it.

^ Opposition Member interjected.

Mr MOORE: Nobody can do anything on his own. He has to have the numbers. I would be advocating it strongly. The Minister should be doing it. The day

™l come when it is done. In these days of electronics it would be quite simple to do. •̂ ads could be inserted into the road to govern the speed of a motor vehicle at 60,


70, 80 or 100 km/h. It would be automatic. Another way would be to superimpose a frequency along the electric light wires, vrith an input signal in the vehicle to turn the governor on and off. It could be operated on a fail-safe system. It is so simple that it does not matter. A second butterfly could be fitted to the carburettor and the butterfly woiild not open beyond where the accelerator was. A free arm could be fitted to the carburettor so that it had to follow the accelerator pedal. When the driver took his foot off the accelerator, it would automatically cut off.

Mr Frawley: You have lost them.

Mr MOORE: They do not have technical brains, but what I am saying is right. It should be done. I will keep harping on it untU someone has the sense to do k, because it will effectively reduce the road toU.

Hon. D. F. LANE (Merthyr—Minister for Transport) (10.9 p.m.), in reply: I thank honourable members for their contributions to the debate, which I think highUghted their concem about the road toll. I have indicated, already that the main thrust of the BUl is directed towards the training program to be conducted by the Queensland Road Safety CouncU. An offender may be required to attend a course of lectures if so ordered by the .coittt.

I shall comment on a few proposals put forward by honourable members, and I shall deal with the last speaker first. The honourable member for Windsor has been weU known to me for almost 20 years. For all of that time he has been advocating that governors be fitted to motor vehicles compulsorily. Obviously he sincerely favours that proposal. He has been beating my ears about it for many years. It has some merit, and I look forward to the honourable member's attaching such a device to his vehicle so that it can be tested in a practical way to see just how effective it is. I would be happy to assist him with the fitting of the device to his Austin Freeway.

The honourable member for Brisbane Central. referred to the abUity of people to attend the training program that is referred to in the BUU First, I point out that the Bill provides magistrates with a discretionary power to order attendance at such programs. 1 draw the honourable member's attention to the fact that the BUl says "may attend." Obviously, magistrates throughout Queensland will be suppUed with details of where the courses wUl be available, so that only in those places where they are avaUable will an order be made for offenders to attend.

It is envisaged that lectures wiU be available on a fairly broad basis throughout the State. They wUl be made available first in the south-east corner, specificaUy in Brisbane; but the Queensland Road Safety CouncU does have offices in some provindal cities, and it even has voluntary instructors who work under the supervisicm of fuU-time lecturers from the Road Safety Council. One particularly good trial scheme involying voluntary instructors has been working for a short time in Toowoomba, which means that a training program would be available in that city. Similarly, the response to the caU for experienced people to act as voluntary instmctors on the Gold Coast has been very good. As such voluntary schemes are extended, so the training program can be extended throughout the State. I doubt whether the program will ever be avaUable in remote Outback towns such as Bedourie and Augathella, but that is one of the realities of life in such a vast State.

A number of training programs have already been convened by the Road Safety Council throughout the State, and I will mention just a few of them. The motor cycle training programs provided by the motor cycle industry have been conducted since 1976. So far 2 749 riders have successfully completed such programs.

The honourable member for Pine Rivers mentioned insecure and dangerous loads on vehicles. We are in the process of drafting legislation related to the carriage of dangerous goods. It will be submitted to this Assembly at a later date. The legislation is based on the national code agreed to by the Australian Transport Advisory Council. It is already being applied under the authority of the State Transport Act and the Traffic Act. In some cases it is being followed on a voluntary basis. The Traffic Act gives the police power to act in regard to insecure loads, and I hope that, following the comments of the honourable member, they will use that power more effectively.

The honourable member for Brisbane Central raised the demerit point system, whereby licences are suspended by order of the District Superintendent of Traffic. He suggested that a more equitable way of doing this would be to take a driver before a magistrate.


Mr Davis: No. I said that it should not be done by the police, who do the prosecuting.

Mr LANE: The honourable member clearly said that it should be a magistrate. I am sure that if he studied the Traffic Act he would be aware that provided under the Ad is a right of appeal to the Magistrates Court against a show-cause decision of the District Superintendent of Traffic. That safeguard is already built mto the legislation.

The honourable member said that the police should be seen driving round hotels, npt sitting outside waking to book drivers as they leave the hotels. I do not know how effective U would be for police to drive round and round hotels without taking some action. I do not know what the difference would be between sitting outside hotels and driving round them. That is the honourable member's proposal and, if that is ALP policy on this matter, I am sure that we are all interested in it.

The honourable meittber seems to have some objection to the provision in the Bill that seeks to prevent people from writing obscene or offensive words on the roadwaj^, He referred to it as the application of censorship under the Traffic Act.

Mr DAVIS: I rise to a point of order. It is typical of this Mmister to tiy to misconstme my words.

Mr DEPUTY SPEAKER (Mr MiUer): Orderl I ask the honourable membesr to state his point of order.

Mr DAVIS: I said nothing about writing objectionable words on the roadway.' I referred to stickers on cars, and the Minister knows it.

Mr DEPUTY SPEAKER: Order! I ask the Minister to accept the statement of the honourable member for Brisbane Central.

Mr LANE: I accept the honourable member's explanation. I think that honourable members are very interested in what form the course of

lectures or training program wiU take. I think that I should spell out some of the detaUs tonight. Already Dr Barry Smithurst, the chairman of the Queensland Road Safdy Council's research committee, and his committee members, are devising a lecture program for this very purpose. It will, on the current format that has yet to be approved by me, consist of two 2-hour sessions to be held on separate evenings. I am sure that aU honourable members would agree that that is not too arduous. ' The emphasis of the program wiU be on education, and it will include an extensive use of films and other audio-visual aids. Broadly speaking, the lectures wUl deal with the complexity of the driving task, the cause of accidents, the dangers of alcohol and its contribution to the road toll, the medical consequences of excessive alcohol consumption, the social consequences of drink-driving, and of course the legal consequences, which have already become apparent to the offender.

Offenders who attend these lectures will also have their attention drawn to the higher penalties under the law for second and subsequent offences, with an extended loss of the driving privilege, which, in many cases, could be an absolute loss, that may be ordered % the Qpurt.

I am sure that aU honourable members would agree with me that the Queensland Road Safety Council is the best and proper body to conduct these courses. It is a body totally devoted to training and educating in the road-safety field. The councU's formal recognition in this BUl as the expert wUl probably be the first legislative recognition of its role in this field. I am very happy to have been able to name the council in the Bill in this way and to acknowledge the task that it has carried out.

I wiU leave any further comments on specific matters that members may wish to raise to the Committee stage.

Motion (Mr Lane) agreed to.

Committee Mr PoweU (Isis) in the chair; Hon. D. F. Lane (Merthyr—Minister for Transport) in

•̂ afge of the BiU.



Clause 4—^Amendment of s. 14; Issue and renewal of drivers' licenses—

Mr DAVIS (10.20 p.m.): As I said in the second-reading debate, the fee is just a rose by another name. The description has been changed from "driving" to "traffic ipiprovement". It is simply another tax. Will the Minister give fuU accountability of where the money from the tax will go? Which local authorities will receive how much? In the past all the Parliament was told was that X amount of money went to local authorities. I want more accountability.

Mr LANE: In answer to the honourable member, no.

Mr DAVIS: I am absolutely amazetf at the Minister. Only a short time ago the member for Pine Rivers and others were telling us what a marvellous Minister for Transport he is. As a matter of fact, the member for Pine Rivers more or less rubbished the former Minister and said what a shocker he was in comparison to this great new Minister. However, the Minister refuses to be accountable for what is to happen to the money.

Clause 4, as read, agreed to. Clause 5—An

Mr DAVIS (10.22 p.m.): The Minister has mentioned the road safety courses that people who have been convicted of drink-driving offences must attend for two hours a day on two days a week. I do not see any problem about that. However, there wiU be one law for city people and another law for those in the country. I want the Minister to give the Committee details of the distance that a person will be expected to travel to attend one of these courses. He mentioned that there would be Road Safety Council offices in Toowoomba and other provincial cities. I want to know how far people wUl have to travel to attend the courses. I hope it will not be up to the discretion of a magistrate. Surely the Chamber deserves more information. The Minister should give a specific distance beyond which a person will not have to attend one of these courses. This is a most important part of the Bill because it treats country and dty people differently.

Mr LANE: Obviously I could not give a specific distance that people might be required to travel. The matter is to be left to the discretion of the magistrate. A safeguard has been provided. If a person does not attend the lectures, under clause 8 he can be required to show cause before a magistrate when he would be able to give his reasons for non-attendance. No penalty would be imposed if the explanation was reascwiable and proper. Of course, the magistrate has a discretion in the first instance as to whether a person has to attend.

Clause 5, as read, agreed to. Clauses 6 and 7, as read, agreed to. Clause 8—Amendment of s. 20—^Disqualification of drivers of motor vehicles for certain

offences—

Mr DAVIS (10.25 p.m.): The Minister has said that the magistrate has a discretion. That is not provided for in clause 6. The proposed subsection (5A) refers to a person who is ordered to attend a training program and fails to comply with the order. That is not referred to in other sections of the Act. I will use the example of my coUeague who is in the unfortunate position of having lost his licence. If he is required to appear before a magistrate and is asked to complete the course, does he say to the magistrate, "I live at Crows Nest, which is some distance from Toowoomba. Because I do not have a licence, I will not be able to drive my car and will find it difficult to attend the training program."? I cannot find any discretion contained in the legislation.

Mr LANE: If the honourable member cares to look at page 2, Une 28, he wiU see the word "may" used in clause 6. Built into that clause is a discretion, "may" meaning that there is a discretion or an option in the hands of the person excerising that poweR That is where the first discretion is contained in the BiU.

If attendance is too arduous or inconveiuent or causes hardship and, a person fails to attend, clause 8 states that he does not suffer automatic disquaUfication for a further month. He is caUed back before the court and has the option of explaming why he was

Consumer Affairs Ad and Another Ad, &c., BiU 25 March 1982 5207

unable to attend the lecture. Discretion is placed in the hands of the magistrate in clause 6 An appeal or safe;guard provision, not an automatic disqualification, is contained in this clause.

Mr DAVIS: I accept that. Does the Commissioner for Transport have a discretion under clause 8? I am not asking four-eyes over there.

The TEMPORARY CHAIRMAN (Mr PoweU): Order! The honourable member wiU refer to another honourable member by his correct title.

Mr DAVIS: I am not talking to you, Mr Powell; I am talking to the sycophantic member for Pine Rivers.

The TEMPORARY CHAIRMAN: Order! The honourable member will refer to him by his correct title.

Mr LANE: On page 3, line 9, the honourable member will see the word "may" used again. The Comissioner for Transport has a discretion. It states—

" . the Commissioner for Transport may by notice given to the person call upon him to appear and show cause before a court "

Mr Davis: That is aU I want.

Mr LANE: There is a second discrdion. The matter is m the hands of the court again. Who coiUd ask for anything fairer?

Clause 8. as read, agreed to. Clauses 9 to 16, as read. agre:ed to. Bill reported, without amendment.

Thiid Reading Bill, on motion of Mr Lane, by leave, read a third time.

CONSUMER AFFAIRS ACT AND ANOTHER ACT AMENDMENT BILL Second Readkig-7-Resumption of Debate

Debate resumed (see p. 5133) on Sir WiUiam Knox's motion— "That the Bill be now read a second time."

Hon. Sir WILLIAM KNOX (Nundah—Minister for Employment and Labour Relations) (10.32 p.m.), in reply: I thank those honourable members who participated in the debate for their interest in and contributions to it. The honourable member for Rockhampton North raised some matters to which I referred in my second-reading speech. I indicate to Urn th,at the matter of labels on flammable clothing is one that has caused some concern because it is known that labels do become detached. On making inquiries, I find that that occurs rarely. If the labels are not attached at the time of sale, the goods are in breach of the law.'

Both the honourable member for Rockhampton North arid the honourable member for Lytton referred to the display of signs in regard to motor vehicle accessories. The honourable member for Lytton was under a misappreliension. Accessories can be sold legitimately; they are not in themselves dangerous. They become dangerous only if incorrectiy used on a motor vehicle. Accessories are placed on sale to replace others that already exist and are permitted on vehicles; so it is quite in order for people to buy accessories and to fit them. They will not be in breach of the law.

; R is possible, of course, for accessories to be bought and, through carelessness or ;«npr̂ ce, or by way of a deliberate breach of the law, fitted incorrectly. This legislation IS designed to remind both the seller and the consumer of their obligations under the jaw. The onus rests exclusively on the owner of the vehicle to ensure that the vehicle had the correct accessories.

k is not possible for those who seU accessories to know the purpose for which the accessories wUl be applied by the purchaser. The mere purchase of them may mean that they will be kept as spare and not be put on a vehicle at all. When people are


constantly reminded by signs in shops that they have to take reasonable care, I see no need for probition of the sale of accessories; nor do I see the need for long explanations to be put on every item, because they would necessarily be in very small print and would be overlooked.

As to the signs bdng hidden by heaps of tyres— t̂hey have to be placed in poskions that satisfy the inspedors who inspect the premises from time to time.

The existing legislation gives inspedors fairly comprehensive powers. Virtually every inspector in the department is also clothed with the powers of inspectors of the Consumer Affairs Bureau. ITiere are also inspedors of factories and shops, assistant inspedors and cadet inspedors throughout the State. In Brisibane there are about 44 inspectors, and in the provincial areas there are 39 inspectors clothed with those powers. In addition, 30 inspectors of weights and measures throughout the State are clothed with the necessary powers under the Consumer Affairs Ad. In all, about 116 inspectors throughout the State have the necessary powers to police this legislation. There is no shortage of inspectors iri this field.

The honourable member for Maryborough sought a clearer definition of dvil matters in corisumer aff^rs. I do not know that it is possible to give a much clearer definition in legislation. It is possible by education to advise people of thdr rights and obligations. That is done through the education campaign in consumer affairs. In our type of democracy, the citizen is expected to be well informed. If he is not well informed, he can seek advice from tho^e who can give him the information. The Consumer Affairs Bureau, the inspectors, the Citizens Advice Bureau and several other organisations, as weU as legal advisers, are available to assist people with any matters relating to consumer affairs.

I think I answered the questions raised by the honourable member for Lytton. I hope he is satisfied that having the accessories on display is not illegal. Sales are not presumed to be Hlegal, nor is it presumed that the person who buys accessories will use them illegally.

Motion (Sir WilUam Knox) agreed to.

Committee Mr Powell (Isis) in the chair; Hon. Sir WUIiam Kno^ (Nundah—Minister for

Employment and Labour Relations) in charge of the Bill.


Clause 10—New s. 26A; Special provisions relating to trade descriptions for textile goods—

Mrs KYBURZ (10.39 p.m.): I raise the question of trade descriptions for textile goods, particularly in relation to country of origin. Although that issue is not dealt with under this clause. I should like the Minister to understand dearly that the time has arrived when more stringent labeUing is necessary relative to country of origin.

My particular concern relates to the composkion of the textile used in the manufacture of women's underwear and the country of origm. Many complaints are made about women's underwear. I do not hesitate to raise the issue because every woman has to buy the wretched stuff and it is becoming more aad more expensive. Much of the children's and women's underwear in Australia simply falls apart and it is very diffcuk to make a complaint. When the article is returned to the store, great difficulty is experienced if it is not a store that readily makes a refund. I will not name the stores involved.

I ask the Minister to consider the fact that jeans are manufactured in Hong Kong without a label. They are brought to Australia, labelled as being Australian-made and sold for $25 or $35 a pair. The same applies to both children's and aduU's jeans as well as to women's underwear.

Could more stringent regulations be laid down covering labelling, to show the country of origin of the textile and of the manufacture? No manufacturer, wholesaler or retailer should be able to buy unlabelled products made in Hong Kong, Singapore or Taiwan and label them as being made in Australia. I know that this is happening.

Racing Venues Development Bill 25 March 1982 5209

Sir WILLIAM KNOX: I thank the honourable member for raising this matter. I assure her that there is a similar difficulty with men's underwear.

Mr Moore: It gives me a squeaky voice.

Sir WILLIAM KNOX: That is an inane interjection from the honourable member for Windsor who, on another occasion, might give us a treatise on the relevant merits of men's and women's underwear.

Attention may be given to this matter on another occasion. The amendment merely attempts to describe the contents of the material used, and not the country of origin. Some years ago, fumiture was branded to indicate whether it was made by Australian or European labour. That legislation was repealed on the ground that it was regarded as being racist. Difficulties exist in trying to identify the country of origin of clothing. However, k is of value to the consumer to know where the material was made and where the garment was made, not for economic reasons, but because of the standards and quality that people might be interested in.

Mrs Kyburz: And the size.

Sk WILLIAM KNOX: The size is vkal because of the huge range of conflicting sizes. A person needs to carry a conversion card with him to decide the right size, particulariy when buying clothes for the family.



Bill reported, without amendinent.

Third Reading Bill, on motion of Sir William Knox, by leave, read a third time.

RACING VENUES DEVELOPMENT BILL

Hon. M. J. AHERN (Landsborough—^Minister for Primary Industries), by leave, without notice: I move—

"That leave be granted to bring in a BUl to provide for radng venues to be placed under the control of trustees and for other purposes."

Motion agreed to.

First Reading Bill presented and, on motion of Mr Ahern, read a first time.

Second Reading

Hon. M. J. AHERN (Landsborough—iMinister for Primary Industries) (10.46 p.m.): I move—

"That the BUl be now read a second time."

This BUl is designed to enable the Governor in CouncU, on the recommendation of the Racing Development Corporation, constituted under the Racing and Betting Ad, to appoint trustees to control and develop lands acquired by the corporation for the purpose of a racing venue and for such other purposes as the Governor in Council may approve.

Honourable menibers wiU be aware that, in Novenaber 1981, the Racing Development Qirpqration, as consideration for financing the provision pf a new grandstand at Doomben Racecourse,and the carrying out of certain improvements at Deagon Racecourse, acquired lands constkuting what was then the Albion Park Racecourse.

5210 25 March 1982 Racing Venues Development Bill

This BiU vrill provide for the appointment of trustees whose task it will be, subject to the Minister, to develop the Albion Park Racecourse into a top class paceway, with provision for the land to be also utiUsed for other purposes as part of an integrated development. The Bill is drawn, however, to enable the appointment of trustees to develop any other lands that might be acquired by the corporation under the Radng and Betting Act.

It is common practice in other parts of the world and, indeed, in other parts of AustraUa for the faciUties of major racing establishments to be utilised for other purposes during the lengthy periods in each week in which they would otherwise be lying idle.

Initially, it is proposed to provide a new grandstand, incorporating public faciUties, at Albion Park and to reconstruct the racing track into one of the finest in Australia. It is hoped to provide in these new facUities a restaurant, which will be available for extensive use, as it is considered to be an ideal site and adequate car-parking facUkies are available. EventuaUy, it is intended to provide at the course modern faciUties for the conduct of horse sales, a facility which is sadly lacking in Brisbane at the moment.

It will foe obvious, of course, that the large area of unused land contained within the boundaries of the racing track should be capable of being used for other sport and recreation purposes, and it is possible in the future that this type Of use wiU be encouraged and permitted at Albion Park. This is a practice which is adopted at racecourses in other places.

As I have said, the Bill provides for trustees to be appointed by the Govemor in Council by Order in Coundl, and such Order in CouncU will spedfy the uses lo which the land may be put, in addition to its use as a radng veriue.

There is provision for the Govemor in Council to Vary the number of trustees from time to time, and to make available appointments of trustees, and to fill any vacancy which may occur in the office of trustees.

It is provided that the Racing Development Corporation shall keep a register of trustees of all land for the tifhe being placed under the control of trustees and to keep that register up to date. The register wiU be open to inspection at the office of the corporation upon payment of a prescribed fee. I envisage that this fee wiU be nominal only and will cerainly not be restrictive on any person.

The BiU provides that the trustees, of land may make rules regulating their and the management of the offices and business of the trust and regulating the lands under their control. The rules wiU require the approval of the Governor in Council and wiU have no force or effed until published in the Government Gazette.

The Bill contains common provisions to be found in legislation of this nature regarding the keeping of accounts by the trustees and for the audit of those accounts. It requkes that the accounts be audited a least once each calendar year and for the report of the auditor to be furnished to the corporation within a period of 30 days afer completion of the audit. In addition, the Audkor-General is to be empowered to step in and audit the books and accounts of the trustees if the Minister administering the Act so requires, and then to report back to the Minister.

In terms of the Bill, tmstees wUl have no power to seU any land placed under their control. They will, however, be empowered to lease the land or any building on the land with the prior approval in writing of the Rackig Development Corporation.

The BUl provides that if the corporation is satisfied that a proposed lease is— (a) not detrimental to the public interest; (b) is not inconsistent with the purpose for which the land was placed under

the control of trustees; and (c) is not for an excessive term,

it may approve the granting of the lease.

Any lease granted by trustees may be for a maximum term of 75 years and shall not contain any covenant or agreement for a renewal of the lease or for the purchase of the leased land. The rent to be reserved in terms of a lease shaU be the highest annual rent that can reasonably be obtained.

Racing Venues Development BiU 25 March 1982 5211

The BUl provides that a lessee shall not transfer, mortgage or sublet a lease granted to him unless he has first obtained the written approval of the corporation and the tmstees of the land. It is also proposed that tmstees should not permit the use of land under their control for any purpose that is inconsistent with their trust.

The Racing Development Corporation is to be empowered to cancel any lease granted if it thinks it so desirable in the public interest or where a lessee has failed to observe or perform any covenant or condition of the lease.

Where the Governor in Council in terms of his powers under the Bill discharges the trustees of land any lease of the subject land is aiitomatically terminated. Where lands under the control of trustees have not been leased the trustees are to be empowered to permit the use of lands for a purpose consistent with the purposes approved by the Governor in Council, for a period not in excess of one month.

In terms of the BiU, trustees are empowered to mortgage land under their control for the purposes of raising moneys for the development of the land. The prior approval of the Governor in Council is, however, required before this power may be exerdsed.

A mortgagee will be empowered to sell any lands if trustees default in the payment of moneys secured by the bill of mortgage. The mortgagee is, however, required to give the Racing Development Corporation one month's notice of his intention to exercise this power, and before attempting to sell the land will be required to pay to the corporation the amount of the unimproved value of the land or give security for such payment.

Where land is to be sold by a mortgagee in terms of these provisions the land will be required to be offered for sale by public auction in the first instance. When a sale has been completed, the mortgagee wiU be required to pay to the Radng Development Corporation any excess moneys arising from the sale after deducting the amount of the debt owing and the expenses incurred by him in selling the land.

The BiU provides that land leased by trustees to any person shall be deemed to be rateable land.

Since the acquisition by the Racing Development Corporation, in November 1981, of the lands constituting the Albion Park Racecourse, a considerable amount of work has been carried out in the preparation of plans for the redevelopment of the racecourse along the lines that I have already conveyed to honourable members. In fact, tenders are about tu be called for the first stage of this development.

It has accordingly been provided in the Bill that trustees which may be appointed to control the Albion Park Racecourse may deal with any tenders lodged in respect of this development. It is also provided that the trustees shall repay to the Radng Development Corporation any expenses incurred by it to date in the preparation of these plans and specifications and in the calling of tenders.

This is to ensure that any moneys which may be borrowed by the tmstees to finalise the development will be in respect of the total cost of the project so that the moneys already expended by the corporation will again become available for use for general racecourse improvement works throughout the State.

As I have already said, the BiU wiU be appUcable whenever and wherever the Racing Development Corporation acquires lands for racecouse development or improvements. It is a fact, however, that in the immediate future its provisions will be utilised to facilitate the redevdopment of the old Albion Park Racecourse into what it is hoped wiU be a shoW'piece of pacing facilities in Australia.

It is considered that these facUities are badly needed in this city and when Completed they will be of tremendous benefit to the pacing industry in the State.

I commend the Bill to the House.

Debate, on motion of Mr Warburton, adjourned.

The House adjourned at 10.55. p.m.

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