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21 August 1985

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21 August 1985 144 144[ASSEMBLY) HORTICULTURE-WINE GROWING I11rgiatatine Aiuwrmb1y INDUSTRY Wednesday, 21 August 1985 Select Committee:, Requirement to Report On motion by Mr Tray, resolved- THE SPEAKER (Mr Harman) took the That the Select Committee which was Chair at 2.15 p.m., and read prayers. appointed during the Second Session of this Parliament to inquire into the Grape ENVIRONMENT: DRINK CONTAINERS Growing Industry in Western Australia and which was, by resolution of 18 April Recyclable: Petition 1985, empowered to continue its activities MR TRETHOWAN (East Melville) [2.18 for the balance of the Thirty-first Parlia- p.m.]: I have a petition from 62 Western ment, is by this resolution required to re- Australians couched in the following terms- port on 31 October 1985. To the Honourable Speaker and H-onourable Members of the Legislative LAPSED BILLS: RESTORATION TO Assembly of the Parliament of Western NOTICE PAPER Australia in Parliament Assembled: Council's Message:- Consideration We, the undersigned, wish to register our On motion by Mr Tonkin (Leader of the protest against the proliferation of House), resolved- Throwaway drink containers and their ad- verse impact on retail prices, the environ- That as requested by the Legislative Council in Message No. 2 this House re- ment and employment in the recycling in- sumes the consideration of the Bills dustry. Accordingly, we respectfully urge enumerated therein; and that accordingly Parliament to encourage the use of the "Occupiers' Liability Bill 1985", the refillable bottles and recyclable cans, to en- "Parliamentary Papers Amendment Bill sure MAXIMUM possible recovery of 1985", the "Commercial Arbitration Bill such containers and to create widespread 1985", the "Liquor Amendment Bill new employment in the recycling industry, 1985" and the "Fatal Accidents Amend- by means of legislation requiring a ment Bill 1984", be restored to the Notice refundable deposit on all drink bottles and Paper at the stages which they reached in cans. the previous session of Parliament. Your Petitioners therefore humbly pray that you will give this matter your earnest WILDLIFE CONSERVATION consideration and your Petitioners in duty AMENDMENT BILL bound will ever pray. Second Reading I certify this petition conforms to the standing MR DAVIES (Victoria Park-Minister for orders of the Legislative Assembly. Conservation and Land Management) [2.24 The SPEAKER: I direct that the petition be P.M.]: I move- brought to the Table of the House. That the Bill be now read a second time. (See petition No. 2.) The proposed changes contained in this Bill relate to four law enforcement aspects of the LEAVE OF ABSENCE Wildlife Conservation Act. On motion by Mr Barnett, leave of absence The penalties in the Act have not been for three weeks was granted to Mr Gordon Hill changed since 1967 and are clearly in need of (Helena) on the ground of urgent public busi- adjustment. This need was highlighted late last ness. year in the case of two Americans convicted of nest-robbing. Although the eggs were FIRE BRIGADES AMENDMENT BILL reportedly worth $75 000 on the overseas mar- Introduction and First Reading ket, the maximum fine which could be imposed under the existing scale of penalties was only Bill introduced, on motion by Mr Carr $1 200. There was widespread community sup- (Minister for Police and Emergency Services), port for increased penalties when the proposal and read a first time. was announced earlier this year. [Wednesday, 21 August 19851 1454 Two of the remaining changes remove minimum standards for fruit offered for sale on anomalies relating to the possession of fauna. the local market. The fruit growing industry In the first instance, the Act currently pre- believes that this arrangement has proved suc- scribes a higher level of penalty for an offence cessful, to the extent that the sales committees which involves the unlawful taking of rare do not now formally meet, their role having fauna, but does not prescribe a similar penalty been largely taken over jointly by the Western for an offence which involves the unlawful pos- Australian Fruit Growers' Association, meeting session of such fauna. The penalties for both in annual conference, and by the Western these offences should be identical. The Australian Fruit Advisory Council. proposed amendments will achieve this. Sec- .At its 1984 conference, the Fruit Growers' ondly, it is currently an offence to possess the Association resolved that sales advisory com- unless skin or carcase of protected fauna mittees be abolished and that their functions lawfully taken, but it is not an ctfence to pos- and powers be transferred to the Western sess a live specimen. The proposed amend- ments correct this anomaly. Australian Fruit Advisory Council. The West- ern Australian Fruit Advisory Council is not a The other amendment extcnids the time in statutory authority. A slight expansion of its which proceedings for offences may be made. role, to effect the requested amendments, can At the present time complaints must be made be arranged administratively. within six months from the time when offences The Bill provides for the repeal of sect ions against the Act occur. This has presented prob- 3A to 3C of the principal Act. Consequential lems where complex and time-consuming in- vest igations are involved, where offenders have upon the repeal of the sections of the Act pro- viding for the establishment of the committees, been dirneiult to trace or where serious offences are not detected within six months of the event. it is appropriate to repeal section 3D of the under the principal Act. This section provides for the Simih'r problems were experienced Minister to take advice from the sales advisory Fisheries Act before it was amended in 1982 to committees, which will not be necessary if extend the time to two years. these committees are abolished. The proposed amendments will result in sig- improvements in the area of wildlife The Bill proposes action which is in accord- nificant ance with the Government's desire to abolish law enforcement. all unnecessary statutory authorities. I commend the Bill to the House. I commend the Bill to the House. Debate adjourned, on motion by Mr Old. Debate adjourned, on motion by Mr Old. AGRICULTURAL PRODUCTS AMENDMENT BILL Second Reading CONTRACEPTIVES AMENDMENT BILL MR TONIN (MVorley-Swan-Leader of the Second Reading House) [2.30 p.m.]: I move- MR HODGE (Melville-Minister for That the Bill be now read a second time. Health) [2.35 p.m.]: I move- The Agricultural Products Act 1929 provides, That the Bill be now read a second time. in section 3, for the establishment of three fruit The purpose of this Bill is to amend the Con- sales advisory committees. traceptives Act to allow more retail outlets to The role of the committees is to inquire into sell condoms and so encourage their greater use the size, quality and types of fruit harvested in as a preventive health measure to lessen the Western Australia, to assess seasonal demand spread of AIDS. and to advise the Minister for Agriculture on I introduce this Bill following a strong any sales restriction necessary to maintain the recommendation from the Commonwealth viability of the fruit growing industry. Task Force on AIDS that the use of condoms In recent years the industry has itself seen a be encouraged in an effort to lessen the spread need for market quality regulation and has of AIDS in the community. Professor David financially supponted a small team of retail Pennington, head of the Commonwealth AIDS trade inspectors. The inspectors administer Task Force, warned bluntly that sexual prac- fruit grading and packing codes, established tices-particularly among the "at risk" under section 3F of the Act. The codes provide group -will have to change if the spread of the 146 146[ASSEMBLY] fatal acquired immune deficiency syndrome vi- Because of the proposed amendments, the rus is to be slowed. He is advocating constant emphasis of this Act will be more on a public use of condoms by people in the high risk health protection theme than on policing the groups and it is reported that, as a result of his unlawful sale of contraceptives as is the empha- warnings, groups alarmed at the spread of the sis of the present Act. For this reason, it is seen disease have launched an ambitious edu- to be more appropriately administered by the cational campaign to alert the public to the Commissioner of Health rather than the Com- disease transmission risks- missioner of Police. Appropriate amendments in this Bill will allow this change to occur. In the absence of any scientific breakthrough It is proposed that retailers who wish to sell leading to the discovery of a cure for AIDS, condoms should apply to the Commissioner of education campaigns in the groups at risk be- Health for a permit to make these sales. Sales come the key public health option most likely by vending machines will not be permitted. to achieve any worthwhile result in the lessening of the spread of this disease. Because An advisory committee will be formed to an individual can contract the disease without examine and make a recommendation on each showing any symptoms for years, there is a application received. It is proposed the advis- distinct possibility of the disease being ory committee be chaired by the Director of transmitted to others during this incubation the Communicable Disease Control Branch of period before the carrier is aware of the the Health Department, or his nominee, and potential for passing on the disease. comprise representatives of the Department of Consumer Affairs, the Pharmacy Guild, the While medical scientists have not yet found a Retail Traders Association, the Family Plan- cure for AIDS, they have identified the means ning Association of WA and a member of the by which it is transmitted and are public.
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