Page 4391 - Week 14 - Wednesday, 30 November 1994

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MR DE DOMENICO (5.01): Whilst the Opposition is not going to die in a ditch over things like this, we want to point out that the Bill seems to discriminate against certain persons in the community who hold concession cards that are not pensioner concession cards. For that reason, Ms Szuty and others might reconsider. I know that, for the sake of consistency, it is easier to leave things as they are. I cannot comment on the social justice implications. I think it is more socially just to make sure that all people with concession cards are treated in the same way. For that reason, Madam Speaker, we still stick by our guns. We believe that it is a very sensible amendment, but the voice of the Assembly will ultimately decide that.

Amendment negatived.

Clause agreed to.

Clauses 5 and 6, by leave, taken together, and agreed to.

Clause 7

MR LAMONT (Minister for Urban Services, Minister for Housing and Community Services, Minister for Industrial Relations and Minister for Sport) (5.03): I ask for leave to move together amendments Nos 1, 2, 3 and 4 circulated in my name.

Leave granted.

MR LAMONT: I present a supplementary explanatory memorandum to the Bill and move:

Page 4, line 21, proposed subsection 4BB(3), omit "$500", substitute "5 penalty units".

Page 4, line 32, proposed subsection 4C(1) (penalty provision), omit "$500", substitute "5 penalty units".

Page 4, lines 33 and 34, proposed subsection 4C(2), omit "in purported compliance with paragraph (1)(a), without reasonable excuse", substitute "for the purposes of avoiding payment of a fare for a journey".

Page 5, lines 4, 8 and 18, proposed subsections 4C(2), (3) and (5) (penalty provisions), omit "$500", substitute "5 penalty units".

Madam Speaker, as outlined, these amendments to the Motor Omnibus Services (Amendment) Bill are concerned with offences and powers to demand name and address. The offence provisions in proposed new section 4C of the Act are being amended to make it clear that a person must have intended to avoid payment of a fare for a journey in order to commit an offence under this section. Madam Speaker, the explanatory memorandum outlines the reasons why we have put forward the other amendments. I understand that there is, in fact, agreement within the Assembly to the amendments as proposed.


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