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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2013-02-07 Daily Xml
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GRAFFITI CONTROL (MISCELLANEOUS) AMENDMENT BILL

Conference

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for the Status of Women, Minister for State/Local Government Relations) (14:19): I have to report that the managers for the two houses conferred together and it was agreed that we should recommend to our respective houses:

As to Alternative Amendment No 1—

That the Legislative Council no longer insist on its alternative amendment but makes the following amendment in lieu thereof:

Clause 4, page 3, line 2 [clause 4(2), inserted definition of graffiti implement]—Delete the inserted definition of graffiti implement and substitute:

graffiti implement means—

(a) a can of spray paint, other than a can containing paint that—

(i) does not contain a pigment; and

(ii) is transparent when sprayed onto a surface; or

(b) an implement of a kind prescribed by the regulations;

and that the House of Assembly agrees thereto.

As to Amendments No 2, 3, 5, 6, 7 and 10—

That the Legislative Council no longer insist on its amendments

As to Alternative amendment No 4—

That the Legislative Council no longer insist on its alternative amendment

As to Amendment No 12—

That the Legislative Council no longer insist on its amendment but makes the following amendment in lieu thereof:

New clause, page 7, after line 40—Insert:

14—Review by Legislative Review Committee

As soon as practicable after the expiration of 3 years from the commencement of this Act, the Legislative Review Committee must inquire into, consider and report to the Parliament on the operation and impact of this Act, including the effectiveness of sections 10A and 10B of the Graffiti Control Act 2001 (as enacted by this Act) in reducing offending for prescribed graffiti offences (within the meaning of those sections).

and that the House of Assembly agrees thereto.

Consideration in committee of the recommendations of the conference.

The Hon. G.E. GAGO: I move:

That the recommendations of the conference be agreed to.

The Hon. S.G. WADE: I intend to speak briefly because I imagine all members of the house are glad that the disagreement between the houses has been able to be resolved. Through the agreement, the Legislative Review Committee will conduct a review so that parliament will have the opportunity to ensure that this legislation is working when it is reviewed in three years' time. Also, the role of the parliament is protected by the current legislation, retailer list of spray cans being kept in the act and any further additions being by regulation. We support the compromise between the houses.

Motion carried.

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