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Legislative Assembly for the ACT: 1998 Week 11 Hansard (8 December) . . Page.. 3177 ..


MR MOORE (continuing):

Mr Speaker, I do so having spoken to Mr Wood and Ms Tucker, who indicated that they would like more time to look at what is a very complex piece of legislation. It has quite an element of controversy about it, as we have seen from a series of responses in the newspapers. The next Bill I will present is attached to the same legislation.

Debate (on motion by Mr Wood) adjourned.

CRIMES (AMENDMENT) BILL (NO. 8) 1998

MR MOORE (Minister for Health and Community Care) (10.34): Mr Speaker, I ask for leave to present the Crimes (Amendment) Bill (No. 8) 1998.

Leave granted.

MR MOORE: I present the Crimes (Amendment) Bill (No. 8) 1998, together with its explanatory memorandum.

Title read by Clerk.

MR MOORE: I move:

That this Bill be agreed to in principle.

Mr Speaker, this Bill amends the Crimes Act 1900 by replacing the current Part XIA of the Act. Section 428A, at present, states that Part XIA of the Act expires a maximum of four years from its commencement. This provision is tied in with the mental health legislation. Mr Speaker, I should have indicated to members that the reason I wanted to introduce these Bills by leave today is that it will be necessary to debate them on Thursday in order to deal with this issue. I understand that members are willing to do that, but it is appropriate to have time to look at what I have actually put down. Part XIA is to expire on 5 February 1999.

On 26 November this year, I presented a number of amendments to the Crimes Act which included a repeal of the sunset clause. At that time, I explained why the Assembly had included a sunset provision in the original Act. The Government had expected the amendments proposed in the Bill I presented in November to be debated and passed before the end of 1998 and before the expiry of the sunset clause. However, as the Assembly has deferred consideration of the substantive amendments until 1999, it will be necessary to extend the operation of Part XIA of the Crimes Act 1900, otherwise that part of the Act will lapse after 5 February 1999.

The Bill extends the operation of the Crimes Act 1900 until 30 June 1999 insofar as it applies to the Mental Health Act. I am sure that this will provide sufficient time to consider the substantive amendments.

Debate (on motion by Mr Wood) adjourned.


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