Justice & Related Legislation (Miscellaneous Amendments) Bill 2015 No. 26

Read into Hansard on Thursday 27th August 2015


 Second Reading

 Dr GOODWIN (Pembroke – Leader of the Government in the Legislative Council – 2R) – Mr President, I move –

That the bill be now read the second time.

[3.57 p.m.]

Mr VALENTINE (Hobart) – Mr President, it is good to see some of these things being cleared up.  They have been hanging around for a while in some cases and there have been ambiguities.  I have had an interest in a couple of matters that were down here before in the Leader’s second reading speech, and it was to do with section 94 of the EMPC act.  I was very interested in the fact that moneys generated as a result of a seized item being forfeited to the commissioner by an order of the court were paid into the Environment Protection Fund.  I am also aware that the councils’ officers under this now will be, or are, authorised people who may seize items.  A council is in a position where it might seize a vehicle, for instance, if it is abandoned and it is an eyesore or some such thing.  I am interested to know whether the funds are being applied here.  Obviously it goes into the Environment Protection Fund, but are councils reimbursed for their costs?  In some cases they are the ones undertaking the action.

Ms Forrest – They have to move the car.

Mr VALENTINE – They have to move the car.  I do not know who sells the car and realises the funds, whether it is the council that realises the funds in that case.  I just want a bit of clarity on that.  I am interested in that aspect.  All the other matters have basically been cleared up in our briefing; this is the only question that is outstanding, as to where that money goes.  I know where it goes, but is it actually reimbursed to the councils?

Dr GOODWIN – I may not be able to get all of the answers immediately because they are not all our acts.  Most of them are, but not all of them.

Regarding the question of the reimbursement to councils, our understanding is that it does not occur.  Councils are not reimbursed.

Mr Valentine – It can under the act.  That fund can be processed in making payments required by the terms of the environmental agreement or cost of action taken to deal with that.   I will be alerting my council.  They might make an application.

Bill read the second time.

Read a full transcript of the debate here