Legislative Assembly for the ACT: 2005 Week 07 Hansard (Tuesday, 21 June 2005 2005) . . Page.. 2063 ..
principle that an accused must be shown by the prosecution to have intended to commit the crime charged. There will also be some cases where a particular justification is called for, such as where imprisonment is a possible penalty.
The explanatory statement to the subordinate law does not address these issues. As a result, in the report the committee has drawn the provisions to the attention of the Assembly as they may be considered to trespass on rights previously established by law, contrary to paragraph (a) (ii) of the committee’s terms of reference.
I note that the report includes a detailed response from the Minister for Urban Services in relation to similar concerns raised in a previous report, in relation to strict liability offences set out in an earlier subordinate law. The minister’s response comprehensively addresses the committee’s original concerns.
The committee notes, however, that if a similar explanation had been included in the explanatory statement for that earlier subordinate law, it would not have been necessary for the exchange of correspondence to have occurred. Put simply, if the explanatory statements of legation that contains strict liability offence provisions included an explanation of why a fault element is not required and what defences are, nevertheless, available, as the committee has consistently maintained should be the case, needless correspondence between ministers and the committee could be avoided. I commend the report to the Assembly.
Planning and Environment—Standing Committee
MR GENTLEMAN (Brindabella) (11.50): I present the following report:
Planning and Environment—Standing Committee—Report 9—Draft variation to the territory plan No 151—Coree block 5 Uriarra Rural Village, together with a copy of the relevant extracts of the relevant minutes of proceedings.
That the report be noted.
The committee considered the draft variation at meetings held in March 2005 and decided not to invite submissions or call for public hearings in relation to DV 151 as there had been lengthy consultation processes with previous inquiries. There was also a strong commitment to help those families that had been relocated to get back to the community atmosphere that had been developed over the last 75 years.
As there were still seven of the 23 houses remaining in the Uriarra Village, the telecommunications and electricity supply had been fully restored and updated. The Uriarra Village has wonderful community services such as an oval, parkland and tennis courts and a school building that has in recent years been used for community purposes.
On June 3, 2004 the Chief Minister, Jon Stanhope MLA, announced the redevelopment of houses in the fire affected areas of Uriarra as well as Stromlo. These new houses will be of high quality and environmentally sustainable. With the Stanhope Labor government’s commitment to the return of people to the Uriarra settlement, as well as to