Page 4393 - Week 14 - Wednesday, 30 November 1994

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Clause 10

MR LAMONT (Minister for Urban Services, Minister for Housing and Community Services, Minister for Industrial Relations and Minister for Sport) (5.07): I ask for leave to move amendments Nos 5, 6, 7, 8 and 9 together.

Leave granted.

MR LAMONT: I move:

Page 6, line 33, proposed subsection 6(2) (penalty provision), omit "$100", substitute "1 penalty unit".

Page 7, lines 4 and 15, proposed subsections 6(4) and 7(2) (penalty provisions), omit "$200", substitute "2 penalty units".

Page 7, line 27, proposed subsection 9(1), omit ", a police officer".

Page 7, lines 34 and 35, proposed subsection 9(3), omit "in compliance with a request under subsection (1)", substitute "to a driver, an inspector or an authorised officer".

Page 8, line 26, proposed section 11 (penalty provision), omit "$5,000", substitute "50 penalty units".

Madam Speaker, these amendments refer to the penalty provisions within the Bill and, for the sake of consistency, replace actual dollar amounts with penalty units. They also omit the reference to a police officer at page 7, line 27, of the Bill. As I understand it, it was deemed appropriate to do that, because the police officer already has that power and there is no need to duplicate it in this Bill. The amendment omitting "in compliance with a request under subsection (1)" and substituting "to a driver, an inspector or an authorised officer" provides additional clarification. I understand that these amendments are supported by the rest of the Assembly.

Amendments agreed to.

MR DE DOMENICO (5.09): Madam Speaker, I move:

Page 13, line 8, proposed paragraph 17(4)(a), after "decision", insert " and the reasons for the decision".

Madam Speaker, this amendment has to do with disputing infringement notices. Currently, if a person disputes an infringement notice regarding an offence, they must write to the chief executive expressing their objection and giving reasons. The chief executive must reply within 60 days. If the chief executive does not uphold the appeal, the alleged offender must be notified; but currently there is no requirement for the reasons for the dismissal of the objection to be given. My amendment purely says that the reasons must be given if the chief executive dismisses the appeal.


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