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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-05-11 Daily Xml
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Statutes Amendment (Transport Portfolio) Bill

Second Reading

Adjourned debate on second reading.

(Continued from 6 May 2021.)

The Hon. C.M. SCRIVEN (17:06): I rise to speak on the Statutes Amendment (Transport Portfolio) Bill 2020 and indicate that I am the lead speaker on behalf of the opposition. The opposition is inclined to support this bill in its entirety and its passage through this house because there are largely good measures in it and in no small part because many of these measures have been on the table for some time. We need to see their speedy passage.

Indeed, a number of the changes are those that have been proposed by members of the opposition in the other place over the last couple of years and have been opposed by the government. We are glad to see that they have now come to the table. For example, in May 2018, the Labor opposition and the member for Elizabeth introduced a bill to allow police to search vehicles of persons who have tested positive to a roadside drug test, which the Road Traffic Act currently prohibits. Many may find it hard to believe that, but the Road Traffic Act does currently prohibit that. It is very specific about what acts a positive roadside drug test can provide evidence for.

The change that the opposition wanted to make was simply to extend it to the Controlled Substances Act, which would have the effect of allowing police to have both the authority to search for drugs when someone tests positive on a roadside drug test and also to use that initial test, both the breath test and the blood test, as evidence for other offending against the Controlled Substances Act.

The opposition introduced that bill in May 2018 in the other place. At the time, the transport minister was the police minister, and I believe he spoke against it at the time, saying that it was unnecessary. Perhaps more importantly, the Attorney-General, who some say considers herself the state's premier legal mind, spoke against it in the other place, also saying it was unnecessary. We fast-forward nearly three years and we have a bill before us that in its last clause exactly duplicates that bill from May 2018—the bill put forward by the opposition.

I am pleased that the government has finally seen the light. We have been saying this since May 2018 and in fact even longer than that. We have been saying it, the police have been saying it and the police commissioner is on the record as saying it. There is a letter to the Budget and Finance Committee in 2019 where the police commissioner makes no bones about the fact that he was for that measure. That is why, presumably, we now see it included in this bill at this very late stage. The opposition supports this bill not least because it reflects many of the measures we have been talking about for a very long time now, and we will not stand in the way of its progress.

The Hon. R.I. LUCAS (Treasurer) (17:09): I thank the honourable member for her indication of support for the bill.

Bill read a second time.

Committee Stage

In committee.

Clause 1.

The Hon. C. BONAROS: It is my understanding that the Leader of the Government in this place may want to place some information on the record at this stage, which I shall welcome.

The Hon. R.I. LUCAS: I rise on behalf of the government—the Hon. Ms Bonaros is correct. The government thanks the Hon. Ms Bonaros in particular for her detailed consideration of the bill and for her contributions to the debate. The government acknowledges that the honourable member has acknowledged that she will not insist on her proposed amendments, and she can be assured that the government intends to introduce another bill dealing with road traffic matters as soon as is reasonably practicable. I think that is the undertaking that we undertook to give on behalf of the government to the honourable member.

The Hon. C. BONAROS: It is important to get that on the record because we have been having discussions with both the government and the opposition in relation to these amendments. I acknowledge that this was opportunistic on our part in terms of drafting these amendments to this bill, but when there is a bill before us and the scope is wide enough, then obviously it is well within our remit to do so.

That said, my office has been in very lengthy discussions with the Minister for Police and his staff, who I understand have now provided the assurances that the Treasurer has referred to insofar as they relate to the amendments. The only reason I would support that is that I trust that the work we have done has highlighted a willingness on the part of the government to support those measures, but as they relate to changes to the Road Traffic Act. I am happy to accept that they are best dealt with in the next raft of amendments that will deal specifically with the Road Traffic Act. I am also happy to accept that, although the Treasurer says that will be as soon as is reasonably practicable, I am told it is also very imminent.

So on that basis I am happy to foreshadow to all honourable members that I will not be proceeding with the amendments today, but that is only on the basis that they will be reconsidered in the context of another bill that is being proposed by the government that will go to the heart of the issues that we have canvassed in our amendments. Support for these amendments seems to be growing, so I am very pleased about that. I thank the Treasurer and Leader of the Government in this place for his commitment to that effect.

Clause passed.

Remaining clauses (2 to 64) and title passed.

Bill reported without amendment.

Third Reading

The Hon. R.I. LUCAS (Treasurer) (17:15): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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