Bills

Housing Improvement Bill

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 5, page 8, after line 8 [clause 5(2)]—After paragraph (c) insert:

(ca) environmental performance (including water and energy efficiency) of premises and any fixtures, fittings or facilities provided with premises;

No. 2. Clause 5, page 8, after line 13 [clause 5(2)]—After paragraph (h) insert:

(ha) construction materials used in premises, and any fixtures, fittings or facilities provided with premises, that pose or may pose a risk to human health;

No. 3. Clause 11, page 10, line 25 [clause 11(1)]—Delete 'An' and substitute 'Subject to this section, an'

No. 4. Clause 11, page 10, line 27 [clause 11(1)(a)]— Delete paragraph (a) and substitute:

(a) enter the premises for the purposes of carrying out an inspection of the premises, provided that—

(i) if the authorised officer believes on reasonable grounds that the premises pose or may pose an imminent risk of death or serious injury or illness to occupiers of the premises—the owner or occupier is notified prior to the proposed entry; or

(ii) in any other case—at least 5 working days' notice is given to the owner or occupier of the proposed entry (or such shorter period as may be requested or consented to by the owner or occupier);

No. 5. Clause 11, page 11, after line 5—After subsection (1) insert:

(1a) An authorised officer's powers under subsection (1) are qualified as follows:

(a) the authorised officer must not exercise the power of entry in relation to residential premises unless there are reasonable grounds to believe that the premises—

(i) are or may be unsafe or unsuitable for human habitation; or

(ii) are occupied under a residential tenancy agreement;

(b) if, after entering residential premises, the authorised officer forms the view that the premises are not unsafe or unsuitable for human habitation, the officer must leave the premises immediately.

No. 6. Clause 11, page 11, lines 29 to 41 (inclusive) [clause 11(7) and (8)]—Delete subsections (7) and (8) and substitute:

(7) Despite any preceding provision of this section, a person is excused from answering a question or providing information or a document under this section on the ground that the answer to the question, or the information or document, may tend to incriminate that person or expose that person to a penalty.

No. 7. New clause, page 11, after line 41—After clause 11 insert:

11A—Offences by authorised officers etc

An authorised officer, or a person assisting an authorised officer, who—

(a) addresses offensive language to any other person; or

(b) without lawful authority, hinders or obstructs or uses or threatens to use force in relation to any other person,

is guilty of an offence.

Maximum penalty: $5,000.

Consideration in committee.

The Hon. S.E. CLOSE: I move:

That the Legislative Council's amendments be agreed to.

Motion carried.