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Legislative Assembly for the ACT: 2005 Week 14 Hansard (Tuesday, 22 November 2005) . . Page.. 4390 ..


Question so resolved in the negative.

New part 4.1A negatived.

Clauses 40 and 41, by leave, taken together and agreed to.

Clause 42.

MR STEFANIAK (Ginninderra) (11.10): Mr Speaker, amendment 19 is a consequential amendment, and I will not be moving it. I advise you I will not be proceeding with amendments 20 and 21. Amendment 21 is also a consequential amendment. Amendment 20 is reasonably covered by what the government has here. My amendments 19, 20 and 21 will not be proceeded with.

Clause 42 agreed to.

Clauses 43 to 57, by leave, taken together and agreed to.

Clause 58.

MR STANHOPE (Ginninderra—Chief Minister, Attorney-General, Minister for the Environment and Minister for Arts, Heritage and Indigenous Affairs) (11.12): I move amendment No 5 circulated in my name [see schedule 2 at page 4465].

In conjunction with clause 18 of the bill, clause 58 enables the court to impose ancillary orders for restitution, compensation, costs, forfeiture, destruction, disqualification or suspension. The bill currently would lapse these orders if a conviction or a finding of guilt is reversed or set aside. Rather than place victims in a situation where ancillary orders are made, enforced and then changed, these amendments will defer the execution of the orders until the normal appeal period expires.

Similarly, foreshadowed clause 133A provides for this deferral. The amendment to clause 58 (5) ensures that clause 58 will be subject to the foreshadowed clause 133A.

Amendment agreed to.

Clause 58, as amended, agreed to.

Clauses 59 to 66, by leave, taken together and agreed to.

Proposed new clause 66A.

MR STEFANIAK (Ginninderra) (11.13): I move amendment No 22 circulated in my name which inserts a new clause 66A [see schedule 1 at page 4462].

This inserts standard non-parole periods. As members can see, if they read it, it applies if the court is setting a non-parole period for an offender under section 65 or section 66. What it does is set out a list of aggravating circumstances which the court can have regard to if they feel that the standard non-parole period is, in fact, not appropriate


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