Agmates Editor Steve Truman writes:
Lazy & arrogant legislation making by an all powerful QLD Labor Government will create a huge flow on of bureaucratic costs that will pass all the way from food producers to consumers. This is an example of poor government in any form.
Last week saw the passing of the Transport Amendment Bill in the QLD Parliament. The passing of this bill Bill in Queensland will now pave the way for it to be legislated in every state of Australia.
The legislation due to come into effect in September this year means that all those involved in the food chain from farmers, agents, processors, wholesalers, retailers and private citizens will face fines and court action if they cannot correctly read a heavy transport drivers log book.
Considering that a large number of the states police cannot comprehend a truck Drivers log book this is a bizarre law by any standard.
The cost to industry and the state tax payer to incorporate the duplicate layers of systems and documented procedure will be millions of dollars. Those cost will either be borne by producers (who have no ability to pass them on) or in the end by consumers in supermarkets.
Passing this legislation with these flaws and prohibitive costs is just lazy out of touch governing by a party that due to its huge majority of seats, treats the opposition and the good hard working people of Queensland in the food - production / transport/ processing and retail sectors with contempt.
Despite well researched and impassioned pleas from the opposition benches Transport Minister John Mickel (pictured) and his Labor colleagues rammed this costly and impractical legislation through the parliament.
Not only did Labor use its huge majority in the Single House State Parliament to pass the bill, it also used it to cut short the debate.
With plain bloody mindedness, Mr Mickel the member for Logan (no food producers there to trouble himself with) and his Labor colleagues ignored numerous concerns voiced by Liberal, National and Independent Members on behalf of all Queenslanders involved in the food production chain.
On reading the Hansard of the day those concerns had been expessed on behalf of Queensland farmers by Agmates and AgForce and various members of the Livestock trucking Industry. Click here to read an extract from the evenings proceedings up to the final vote.
Agmates feature article last week “Log Book Legislation could See farmers Jailed” brought to light many of the difficulties that this legislation would impose on food producers.
Independent Member for Gladstone Liz Cunningham (pictured) read the Agmates article in its entirety to the house and asked the minister to respond directly to the questions we raised in his reply.
Minister John Mickel failed to address those issues in his reply and was bought to task my Liberal the Deputy Leader:
.
Tim Nichol:
“A number of people have referred to a report released by Agmates, which I also have looked at. The Agmates report refers to a consignor being held responsible for manslaughter.
As I read the legislation, the chain of responsibility—and for the sake of clarity I would ask the minister to say yes or no to this—only relates to offences under this legislation.
Mr MICKEL:
“I will clarify it. The member is asking a fair question that he should take back to his constituents. The advice given to me in relation to that offence is that that would not happen.“
(Agmates: Is that a yes or no? That was government legal advise. It is not difficult to obtain differing legal opion on any range of legislation. I’m guessing that no one will really know until it’s tested in the courts.)
Tim Nichols:
“Clause 61 is one that has excited considerable comment and has been the subject of a number of releases and comments by AgForce in particular which seeks to remove section 150AB(1)(d)(v) and (vi). Subsection (1)(d)(v) and (vi) states—
rules requiring any or all of the following persons to ensure drivers of fatigue regulated heavy vehicles comply with a regulation under this part—
(v) consignors or consignees of goods in the vehicles;
(vi) loading managers of goods in the vehicles.
Effectively it is a regulation-making power that enables the government, through a regulation, to set rules about what a consignor or consignee or a loading manager must do in order to ensure compliance with the fatigue management rules.
I would like the minister to clarify that that is, in fact, the purpose of it…..
John Mickel:
The member has asked three questions. I am advised that the answer to the first question that the member asked is yes.
In relation to the example that the member gave, as part of the education process we will be giving advice to people in the industry on the codes and procedures to assist them.
This is very much part of the education process…….
In essence if you now are the consignor (sender / loader) or the receiver (unloading) you are required by legislation to take all reasonable steps to ensure the truck driver is compliant with his Fatigue management hours. The only way to do this is too check his log book.
Opposition MP’s Tim Nichols, Vaughan Johnson, Mike Horan, Liz Cunningham and Shane Knuth all spoke at lenght on behalf of Rural & Regional Queenslander’s.
They raised many issues of the impracticality of parts of the legislation from caretakers & junior Jackeroos receiving cattle late at night, to city people loading a furniture removal van etc. They may as well have saved their breathe.
Mr Mickel’s response was that the government will train us all and as long as we can prove in court we have taken resonable steps, there will be no convictions.
Mr MICKEL:
I will try to take the members through a couple of things in my non-legal way. I guess the defence is ‘reasonable steps’. (The minister is talking about defending yourself in court) —
Where a person did not know—would be a defence of a reasonable step.
There is no capacity to influence the outcome, so that would be a reasonable defence.
If an offence under standard hours could have been avoided if the driver had taken a short break, it is a defence if the driver can prove that at the time when the driver was required to take the short rest there was no suitable rest place. I think that covers what both members were saying—that the park was full, the guy was not there, whatever.
It is also a defence if the driver took the short rest break at the next suitable rest place available after this time on the forward route of the driver’s journey. In a situation where he goes to pull in and it is full or unsuitable, it is a defense if he can prove that.
There has to be an attempt to influence illegal behaviour or a breaking of fatigue management—or to reasonably know that what you were doing was in defiance of the fatigue management.
It was apparent from the number of Labor MP’s that spoke in favor of the Bill that constituents with grave concerns only speak to opposition MP’s as not one of the Labor MP’s who spoke raised a single negative issue with the Bill.
What QLD Labour has created with this legislation is that each and every producer, agent, processor, wholesaler, retailer and private citizen will now have to be a sudo Main Roads Traffic cop.
Every business in the State will have to have a system / code / procedure in place for the loading and unloading of all heavy transport vehicles (anything over 12 tonne) and checking drivers log books.
With those systems in place when the driver of the truck you just loaded or unloaded gets booked for a log book infringement and your infringement notice automatically arrives in the mail (as the last person to check the log book), you’ll be able to head off to court with your documentation under your arm to demonstrate to the magistrate that you should not have to pay the fine.
You’ll need to be able to prove to the magistrate with documentation that you took ‘reasonable steps’ to ensure the drivers log book was correctly completed.
Heavy haul truck drivers are one of the most heavily policed professionals in the state. They are regularly pulled over and fined for mistakes as simple as a spelling error in log books. Would I be cynical to think that the government will now be able to double dip on the fines. They get the truckie and now they get the Consignor or Consignee as well.
Link to complete Hansard recording from the day.
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