Page 175 - Week 01 - Wednesday, 17 February 1993
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
The Bill, which will amend the Magistrates Court Act 1930 in several aspects, was introduced into the Assembly in December 1992. One of the aspects in which the Bill will amend the Act is to widen the pleas by post scheme which allows people charged with minor offences under the Motor Traffic Act 1936 or the Traffic Act 1937 the option of pleading guilty by post and being dealt with without having to attend court.
The Bill extends the scheme to most minor offences created by law in force in the Territory, the penalty for which is a fine not exceeding $1,000, and to offences under the Motor Traffic Act 1936 for which a fine at or below the general offence penalty level of that Act may be imposed. Clause 31 of the Bill as introduced addressed the situation created by the raising of the general penalty level under the Motor Traffic Act 1936 from $500 to $2,000, effective from 20 December 1991, without a corresponding rise in the limit of $500 on the application of the pleas by post scheme.
The Standing Committee on Scrutiny of Bills and Subordinate Legislation pointed out the need to include a provision for the validation of proceedings under the Traffic Act 1937 in the Bill. One offence under that Act has had a penalty of $1,000 since 1984 and it is necessary to provide for the validation from that date of any matters dealt with under the pleas by post scheme in respect of that offence. I am grateful for the assistance of the committee, which once again shows its remarkable level of command of detail. We really are well served by the adviser to that committee, Professor Whalan. I am sure members of the committee would have found this themselves in the absence of Professor Whalan's expert advice. The revised clause 31 addresses both validation situations in consolidated form.
Mr Humphries: I think Ellnor found that one, actually.
MR CONNOLLY: I am sure the members of the committee take it in turns to pick these things out. I present the supplementary explanatory memorandum for the amendment to the Bill.
Amendment agreed to.
Bill, as a whole, as amended, agreed to.
Bill, as amended, agreed to.
MAINTENANCE (AMENDMENT) BILL 1992
Debate resumed from 16 December 1992, on motion by Mr Connolly:
That this Bill be agreed to in principle.
Question resolved in the affirmative.
Bill agreed to in principle.
Leave granted to dispense with the detail stage.
Bill agreed to.
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .