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Legislative Assembly for the ACT: 1999 Week 9 Hansard (31 August) . . Page.. 2636 ..

MR HUMPHRIES (continuing):

Mr Temporary Deputy Speaker, I want to respond also to an issue Mr Stanhope raised about the comments of the scrutiny of Bills committee with respect to the burden of proof. I also read the long comments in the most recent report on that subject. I am happy to table for the Assembly the response I have sent to the chair of the committee, Mr Osborne, indicating that the model criminal code process has outlined a process whereby burden of proof issues should be resolved in terms of interpreting future legislation. Attention should be given by courts to issues such as what particular or specific provisions are in legislation for the way in which the burden of proof is to be discharged, requiring the defendant in certain circumstances to prove a matter in certain categories of cases, and creating presumptions in certain other cases that the matter exists unless the contrary is proved by a defendant. Those matters are outlined in that response, and I table that response for members to look at.

I again thank members for their support for this the legislation. I hope that by doing this today we will send a clear signal to the liquor industry in the ACT that liquor laws are not optional or marginal, or a low priority, but in fact are essential to the operation of an effective society, and some breaches of the law are not to be tolerated.

Question resolved in the affirmative.

Bill agreed to in principle.

Detail Stage

Bill, by leave, taken as a whole

MR HUMPHRIES (Treasurer, Attorney-General and Minister for Justice and Community Safety) (4.37): Mr Temporary Deputy Speaker, I seek leave to move my amendments Nos. 1, 2, 3 and 4 together.

Leave granted.

MR HUMPHRIES: I thank members. I move:

Schedule -

Page 19, line 26, insert the following amendments:

"Subsection 17A (2)-

Omit '80, 81, 82 or 84', substitute '84, 93E, 93F, 93G or 93H'.

Subparagraph 17B (1) (a) (i)-

Omit '81 or 83', substitute '93G or 93I'.

Subparagraph 17B (1) (a) (ii)-

Omit '83A', substitute '93K'.

Paragraph 17B (2) (a)-

Omit '80 or 82', substitute '93E or 93H'.

Paragraph 17C (7) (d)-

Omit '81 or 83', substitute '93G or 93I'.".

Page 21, line 5, insert the following amendment:

"Subsection 94 (5)-

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