WEDNESDAY, JULY 23, 1980

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INDUSTRIAL SAFETY OFFENCES BEING ANALYSED

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OFFENCES UNDER INDUSTRIAL SAFETY REGULATIONS ARE BEING ANALYSED AND GRADED ACCORDING TO THEIR SERIOUSNESS AND OFFENDERS WILL BE PENALISED ACCORDINGLY, THE COMMISSIONER FOR LABOUR, THE HON J.N. HENDERSON, TOLD THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY) IN MOVING THE SECOND READING OF THE FACTORIES AND INDUSTRIAL UNDERTAKINGS (AMENDMENT) (NO. 2) BILL 1980.

THE BILL PROPOSES TO INCREASE THE MAXIMUM FINE FOR BREACHES OF THE REGULATIONS FROM $10 000 TO $50 000. HOWEVER, NOT ALL OFFENCES WILL CARRY THE NEW MAXIMUM.

MR HENDERSON EXPLAINED, +1 SHOULD MAKE IT CLEAR THAT THIS IS AN ENABLING AMENDMENT AND DOES NOT OF ITSELF CHANGE THE PRESENT MAXIMA FOR THE VARIOUS REGULATIONS, NOR DOES IT MEAN THAT ALL PENALTIES WILL BE RAISED TO THIS LEVEL BUT ONLY THOSE FOR THE MOST SERIOUS BREACHES.

+! SHALL BE AMENDING MOST OF THE PENALTIES IN THESE REGULATIONS IN THE NEXT FEW MONTHS AND THIS WILL ENABLE THE FACTORY INSPECTORATE TO ANALYSE AND GRADE THE OFFENCES WITH APPROPRIATE MAXIMUM PENALTIES DEPENDING ON THE SERIOUSNESS OF A BREACH OF EACH PARTICULAR REGULATION,-

HE CONTINUED THE EXISTING MAXIMUM LIMIT OF $10 000 WAS FIXED IN 1973. IT IS NOT ONLY OUT-OF-DATE DUE TO INFLATION BUT, MORE IMPORTANTLY, IS CLEARLY INSUFFICIENT AS A DETERRENT.

+AS A RESULT, IN A CONSIDERABLE NUMBER OF RECENT COURT CASES, MAGISTRATES HAVE IMPOSED THE MAXIMUM POSSIBLE PENALTY.+

+WHEN THIS AMENDMENT IS ENACTED I WILL TAKE ACTION TO INCREASE THE PENALTIES PRESCRIBED IN THE VARIOUS SETS OF SUBSIDIARY REGULATIONS TO ENSURE THAT THEY ARE MORE REALISTIC AND PROVIDE A SUFFICIENT DETERRENT. +

MR HENDERSON ADDED THAT AT PRESENT THE ORDINANCE PRESCRIBED A MAXIMUM FINE OF $10 000 FOR CONTRAVENTION OF A MAGISTRATE'S ORDER TO PROHIBIT THE USE OF DANGEROUS MACHINERY AND PLANT IN AN INDUSTRIAL UNDERTAKING.

THE BILL PROPOSES TO INCREASE THE MAXIMUM PENALTY TO $50 000 AND IMPRISONMENT FOR SIX MONTHS.

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