Page 6045 - Week 18 - Thursday, 12 December 1991

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of traffic fines than being taken to court and possibly sent to gaol. Also, parking infringement notice fine default was introduced successfully into the ACT in 1989 - indeed, Madam Temporary Deputy Speaker, by you - and traffic infringement notice fine default has operated successfully in New South Wales since September 1988. I believe that this initiative to change the ultimate penalty for a traffic offence will become a valuable incentive for the swift payment of traffic fines in the ACT in future. I now present the explanatory memorandum for the Bill.

Debate (on motion by Mr Duby) adjourned.

MAGISTRATES COURT (AMENDMENT) BILL (NO. 3) 1991

MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (4.04): Madam Temporary Deputy Speaker, I present the Magistrates Court (Amendment) Bill (No. 3) 1991. I move:

That this Bill be agreed to in principle.

This Bill makes consequential amendments to the Magistrates Court Act 1930 to provide for fine default for traffic infringement notices. As I said in my presentation speech for the Motor Traffic (Amendment) Bill (No. 3) 1991, this initiative will replace the ultimate sanction for non-payment of traffic fines - namely, a gaol term - with a more appropriate penalty. That penalty will be cancellation of an individual's licence or registration, or suspension of their right to drive in the ACT.

The Magistrates Court (Amendment) Bill (No. 3) 1991 removes the power of a magistrate to issue a warrant under the Magistrates Court Act 1930 in respect of unpaid traffic fines. The power to act against the non-payment of traffic fines is transferred to the Registrar of Motor Vehicles, who may cancel an individual drivers licence, or registration, or their right to drive in the ACT in such cases. Offenders will still have the right to appeal to the Magistrates Court if they wish to dispute their liability in the circumstances of the alleged events.

The current system of processing petty traffic fines through the courts is inefficient and resource intensive. This proposal will free up the ACT Magistrates Court, as well as allowing Australian Federal Police resources to be available to pursue more serious matters. I now present the explanatory memorandum for the Bill.

Debate (on motion by Mr Duby) adjourned.


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