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Legislative Assembly for the ACT: 1999 Week 13 Hansard (7 December) . . Page.. 3896 ..


MR HARGREAVES (continuing):

Schedule 3, proposed amendment of sections 32 to 34, Motor Traffic (Alcohol and Drugs) Act 1977 -

Page 36 -

Line 13, proposed new paragraph 32 (2) (b), omit the paragraph, substitute the following paragraph:

"(b) if the court orders another period of disqualification-the other period.".

Line 23, proposed new paragraph 32 (3) (b), omit the paragraph, substitute the following paragraph:

"(b) if the court orders another period of disqualification-the other period.".

Line 26, proposed new table in section 32, omit column 3 of the table.

Page 37 -

Line 9, proposed new paragraph 33 (2) (b), omit the paragraph, substitute the following paragraph:

"(b) if the court orders another period of disqualification-the other period.".

Line 19, proposed new paragraph 33 (3) (b), omit the paragraph, substitute the following paragraph:

"(b) if the court orders another period of disqualification-the other period.".

Line 22, proposed new table in section 33, omit column 3 of the table.

Page 38 -

Line 1, proposed new paragraph 34 (1) (b), omit the paragraph, substitute the following paragraph:

"(b) if the court orders another period of disqualification-the other period.".

Line 8, proposed new paragraph 34 (2) (b), omit the paragraph, substitute the following paragraph:

"(b) if the court orders another period of disqualification-the other period.".

This side of the house wishes to remove the tightness on the courts. We wish to allow the courts the discretion to decide the extent to which people must pay the penalty when they breach the law. We do not believe that the Assembly is here to do the magistrates' jobs for them. We do not believe that the Assembly is here to join up the judiciary and the Executive. We do not believe that this legislation and its amendments are anything but an assault on the separation of powers.

MR SMYTH (Minister for Urban Services) (7.45): Mr Speaker, the Government believes the Bill is appropriate as it is. We will resist these amendments.

Amendments negatived.


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