Legislative Assembly for the ACT: 2011 Week 10 Hansard (Thursday, 22 September 2011) . . Page.. 4315 ..
Amendment agreed to.
Clause 4, as amended, agreed to.
Clauses 5 to 14, by leave, taken together and agreed to.
Proposed new clause 14A.
MR COE (Ginninderra) (12.21): I move amendment No 2 circulated in my name which inserts a new clause 14A [see schedule 1 at page 4409].
The crux of this amendment is the insertion of signs in the speed detection zone to minimise the risk of the point-to-point speed cameras being entrapment measures. The new signs will hopefully warn motorists that they should indeed be slowing down. I understand that there is an amendment to be put forward by the government. I am yet to really find out much about this.
I received a letter from the government as late as 6 o’clock last night in which they said they are going to be moving an amendment. I might have it in front of me; I have not had a chance to look at it. I would perhaps have been willing to withdraw this amendment had I had an opportunity to chat with the minister about it. Hopefully the minister’s amendment will address the concerns which he raised in his letter to me.
MS GALLAGHER (Molonglo—Chief Minister, Minister for Health and Minister for Industrial Relations) (12.22): I move amendment No 1, which amends Mr Coe’s amendment, circulated in my name [see schedule 2 at page 4411].
The government has no objection to the first part of Mr Coe’s amendment, which would insert a new section 23B, but we do have concerns with the proposed insertion of a new section 23C as it was drafted in the amendment. I understand the minister has confirmed to Mr Coe—and I am sure Mr Coe will correct me if I am wrong—that the government has no in-principle objection to providing signage for traffic cameras before each point-to-point to camera and at the appropriate midpoint between. I understand that the minister’s view is that this is consistent with current policy for fixed camera signage and ensures that there is a sign in the approach to a fixed camera warning motorists that such a camera is ahead.
Mr Corbell advises that the government had always intended to implement the same arrangements for point-to-point cameras and that signs will be placed in the immediate approach to point-to-point cameras, as well as the approximate midpoint between the cameras. However, Mr Corbell has advised Mr Coe that entrenching signage requirements in the legislation gives rise to concerns for the potential for this to be used as the basis for legal challenges to the validity of infringement notices. Road signs are frequently vandalised or otherwise damaged or removed and it is necessary to clarify that the absence of a sign or damage that obscured a sign does not affect the validity of any proceeding in relation to an offence involving an image from a camera.