Page 3225 - Week 11 - Thursday, 12 September 1991

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In 1989 the Teaching Service Act 1972 was subject to a number of amendments. These amendments included the removal of obsolete references to the Commonwealth Public Service Act and procedures of the Commonwealth Parliament. The drafter removed these provisions from section 20 of the Teaching Service Act, which concerned determinations of conditions of permanent employees, but missed a similar reference in provisions of section 23, which concerned determinations of conditions of temporary employees. Clause 14 of this Bill corrects that oversight. Mr Speaker, I now present the explanatory memorandum to this Bill.

Debate (on motion by Mr Kaine) adjourned.

CRIMES (OFFENCES AGAINST THE GOVERNMENT)
(AMENDMENT) BILL 1991

MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (11.01): Mr Speaker, I present the Crimes (Offences Against the Government) (Amendment) Bill 1991.

Mr Stefaniak: Very timely, I think. Is this the one where the DPP can do Commonwealth things - - -

MR CONNOLLY: This is the single member electorate one! I move:

That this Bill be agreed to in principle.

Mr Speaker, this is another piece of legislation which had been agreed to by the previous Government. The purpose of this Bill is to enable the Government to readily and efficiently establish ownership of particular property as required in proceedings under the Crimes (Offences Against the Government) Act 1989. The Act makes it an offence to steal or damage property belonging to the Government or to trespass on government premises.

For the Act to apply and for offences such as these to be prosecuted without unnecessary delay, the Government must be able to show that the property stolen or damaged is property belonging to the Government, or, in terms of the Act, to the Territory or to a Territory authority. At present, even if it is self-evident that the property belongs to the Territory, it would, in many cases, be very difficult to prove ownership as required in law. Even if possible, the process of obtaining evidence to satisfy the often difficult legal question of ownership would, as the Act stands, involve unnecessary time and expense in administrative and court proceedings.


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