Committee
Resumed from an earlier stage of the sitting. The Chair of Committees (Hon Simon O’Brien) in the chair; Hon Alannah MacTiernan (Minister for Regional Development) in charge of the bill.
Committee was interrupted after clause 1 had been agreed to.
Clauses 2 and 3 put and passed.
Clause 4: Section 17 amended —
Comments and speeches from various members
Hon ALISON XAMON: I rise to indicate that the Greens will support this amendment and all the subsequent amendments that flow from it. During the second reading debate, the question was raised about why the Greens were happy to not have this matter further referred to the committee. For the record, we were quite comfortable with the final amendment that had been presented. Having said that, we also recognise that if members want to take that subsequent amendment and have it further discussed within the Standing Committee on Uniform Legislation and Statutes Review because this is a series of proposed amendments that will have precedential value, we are very comfortable with that course of action.
The CHAIR: The question is that clause 4 stand as printed. For the clarification of members and so that everyone is clear—indeed, members have proposed to amend the bill by doing something with this clause—what I am about to put is not our normal amendment. No-one has been in error here. I just want to clarify it for members’ understanding. We are not proposing to amend this clause. If members want to amend the bill by deleting all of this clause, then they simply oppose the clause. That is why I am not wording it as an amendment; I am simply putting the question. The question is that clause 4 stand as printed.
Clause put and negatived.
Clause 5: Section 19 amended —
Hon MICHAEL MISCHIN: I move —
Page 2, line 24 — To delete “from time to time” and substitute —
on 26 October 2018
I have already explained why that date was chosen. It will bring the amendments to the Australian Consumer Law up to the last one that the committee had the opportunity to consider, and incorporate them as part of the law of Western Australia. I have no comment on the merits of that amendment other than that we were satisfied that no parliamentary sovereignty issues were involved in that change to the Australian Consumer Law. As I mentioned last week, I was prepared to consider debate on the appropriate date. I think 26 October is a suitable date. It is the day after the relevant commonwealth bill received royal assent and became an act. The date of 26 October was chosen to ensure that there was no doubt that that amendment was included.
Amendment put and passed.
Hon MICHAEL MISCHIN: There is a further amendment, consequential to that one and the proposed deletion of clause 6, which is to delete the lines on page 3, which effectively inserted into section 19(3) a reference to proposed section 19C, which was one of the future adoption provisions, so that will be rendered redundant as well. I move —
Page 3, lines 1 to 3 — To delete the lines.
Amendment put and passed.
Clause, as amended, put and passed.
Clause 6: Sections 19A to 19C inserted —
Hon MICHAEL MISCHIN: This completes the sequence of amendments to remove the current future adoption regime from the Fair Trading Amendment Bill 2018. I submit to the committee that clause 6, as it stands, be opposed.
Clause put and negatived. Clauses 7 to 10 put and passed. Title put and passed.
Report
Bill reported, with amendments, and, by leave, the report adopted.
As to Third Reading — Standing Orders Suspension — Motion
On motion without notice by Hon Alannah MacTiernan (Minister for Regional Development), resolved with an absolute majority —
That so much of standing orders be suspended so as to enable the bill to be read a third time forthwith.
Third Reading
Bill read a third time, on motion by Hon Alannah MacTiernan (Minister for Regional Development), and transmitted to the Assembly.