Southport MP. MP for Southport, Gold Coast. Peter Lawlor: peterlawlor.com.au

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Trade Measurement Legislation Repeal Bill
Posted by editor (editor) on Nov 19 2009
2009 >>

Hon. PJ LAWLOR (Southport—ALP) (Minister for Tourism and Fair Trading) (9.07 pm), in reply: I

thank all members for their contributions and support for the amendments contained in this bill.

However, I have to say that if Queensland had a boring team the shadow minister would be captain,

coach and goal kicker.

Dr Flegg: Come on, Minister! That’s pretty nasty.

Mr LAWLOR: Weights and measures is a topic which, as I have commented previously, initially

seems rather dry. You would not gather that from the speeches that we have heard here tonight! It really

is a rather fascinating subject and we have heard a lot of the history of weights and measures tonight,

and this bill provides an opportunity to draw attention to the important work carried out by Trade

Measurement officers since the earliest days of Queensland’s history. History has shown that all nations

throughout time have found the necessity for regulating dealings with weights and measures, and

Queensland is no different.

Since Queensland became a self-governing colony 150 years ago, the Queensland government

has protected rights of consumers and traders who expect correct measurement when buying goods

through trade measurement activities. The work of the Trade Measurement branch of the Office of Fair

Trading has been a vital ingredient of Queensland’s well-functioning market. Most of Queensland’s

Trade Measurement staff have indicated that they may accept the Commonwealth’s offer of

employment, so Queensland will continue to be serviced by people whose professionalism and

commitment have been demonstrated over many years, and that is one issue that the shadow minister

raised. I have done this before, but I want to particularly acknowledge the work of Malcolm Bartlett, the

chief inspector, who has given almost 40 years of service to Queensland Trade Measurement. In

relation to some of the issues raised by the shadow minister, he—

An honourable member interjected.

Mr LAWLOR: I am not in his class.

An honourable member: We know that.

Mr LAWLOR: So far as boring goes. The intention is that the offences, penalties and provisions

for the enforcement will be similar under the new Commonwealth law in the amended National

Measurement Act as they are currently in the state trade measurement legislation. As there is under the

existing state legislation, there will be infringement notice offences under the new Commonwealth law,

with penalties set at roughly the same dollar amount as is currently the case under the state law.

Currently under the state law, there are also offences that are dealt with in the Magistrates Court. The

maximum penalty for those offences is $20,000. Similarly, there will be offences under the new

Commonwealth law that will continue to be heard in the state Magistrates Court pursuant to the

Judiciary Act 1903. These offences have a maximum penalty of $22,000. This is a slight increase on the

state legislation; however, the current state penalty regime has not changed since 1991.

The offence provision regime under the new Commonwealth law will be divided into those

offences that create strict liability offences—these will be those offences for which an infringement

notice may be given—and those offences requiring a fault element. These offences will be heard and

determined in the state Magistrates Court. So essentially, nothing will change so far as the court

enforcement procedure goes.

In relation to future costs to the state following transition, there will be none and nor will there be

any ongoing cost to the state. Trade measurement will be fully funded, administered and enforced by

the Commonwealth. The former minister, the member for Albert, covered issues in relation to staff. Any

Queensland officer wishing to take up the Commonwealth’s offer will remain employed by the state.

In conclusion, I would like to acknowledge that the reform of trade measurement is just one of 27

regulatory and business COAG reforms that Queensland is involved in as part of the National

Partnership Agreement to Deliver a Seamless National Economy. The reform agenda aims to deliver

more consistent regulation across all jurisdictions and reduce excessive compliance costs on business,

which will ultimately benefit both Queensland and the national economy.

The Trade Measurement Legislation Repeal Bill 2009 will contribute towards that goal, ensuring

that business need only comply with a single set of rules. It is expected to lead to cost reductions and

efficiency gains, particularly for those businesses trading across borders. These benefits will flow to the

wider community. I thank all honourable members for their support for the bill.

Question put—That the bill be now read a second time.

Motion agreed to.

Bill read a second time.

Last changed: [PUBLISHED_DATE] at 9:07 AM

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