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WEDNESDAY, DECEMJER 20, 1978
DUTIABLE COMMODITIES (AMENDMENT) BILL 1979
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THE DUTIABLE COMMODITIES (AMENDMENT) BILL 1979 WAS INTRODUCED AT THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
IN MOVING THE SECOND READING, THE SECRETARY FOR THE ENVIRONMENT, THE HON. DEREK JONES SAID THE PURPOSE OF THE BILL WAS TO CLARIFY THE POWER IN THE DUTIABLE COMMODITIES ORDINANCE TO MAKE REGULATIONS FOR THE SUSPENSION AND REVOCATION OF LIQUOR LICENCES.
+SUBSECTION 6(1)(N) OF THE PRINCIPAL ORDINANCE PROVIDES THAT THE GOVERNOR IN COUNCIL MAY BY REGULATION PRESCRIBE OR PROVIDE FOR THE ISSUE OF LIQUOR LICENCES AND THE ESTABLISHMENT, FUNCTIONS AND PROCEDURES OF BOARDS APPOINTED FOR THE PURPOSE,+ HE SAID.
+REGULATION 23(1) OF THE DUTIABLE COMMODITIES (LIQUOR) REGULATIONS EMPOWERS THE LIQUOR LICENSING BOARD TO REVOKE OR SUSPEND ANY LIQUOR LICENCE ON PROOF TO ITS SATISFACTION THAT AN OFFENCE HAS BEEN COMMITTED AGAINST THE ORDINANCE.
+ IT HAS RECENTLY BEEN SUGGESTED THAT THIS REGULATION MAY BE ULTRA VIRES THE PRINCIPAL ORDINANCE, AND THE ATTORNEY GENERAL HAS ADVISED THAT IT WOULD BE PRUDENT TO PUT THE QUESTION BEYOND DOUBT BY INCORPORATING EXPRESS ENABLING POWER IN THE ORDINANCE AND THERE AFTER RE-ENACTING REGULATION 23(1) OF THE DUTIABLE COMMODITIES (LIQUOR) REGULATIONS, MR. JONES EXPLAINED.
THEREFORE, HE CONTINUED, CLAUSE 2(A) OF THE BILL AMENDED SUBSECTION 6(1)(N) OF THE PRINCIPAL ORDINANCE TO EMPOWER THE GOVERNOR
IN COUNCIL TO MAKE REGULATIONS PROVIDING FOR THE ISSUE AND THE SUSPENSION AND REVOCATION OF LIQUOR LICENCES BY A BOARD APPOINTED FOR THE PURPOSE.
IN ADDITION TO THIS, HE SAID CLAUSE 2(B) OF THE BILL AMENDED SUBSECTION 6 (2) OF THE PRINCIPAL ORDINANCE BY EXPRESSLY PROVIDING THAT ANY REGULATIONS MADE UNDER SECTION 6 MIGHT ALSO PROVIDE THAT A CONTRAVENTION OF ANY REGULATION SHOULD BE AN OFFENCE AND TO PRESCRIBE PENALTIES FOR SUCH OFFENCES.
DEBATE ON THE MOTION WAS ADJOURNED.
BILLS PASSED
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THREE BILLS WERE PASSED INTO LAW IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
THEY WERE THE ROAD TRAFFIC (AMENDMENT) (NO. 3) BILL 1978, THE TRAFFIC ACCIDENT VICTIMS (ASSISTANCE FUND) BILL 1978 AND THE JUDICIAL PROCEEDINGS (ADJOURNMENT DURING GALE WARNINGS) (AMENDMENT) BILL 1978.
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