Legislative Assembly for the ACT: 1999 Week 1 Hansard (8 December) . . Page.. 4023 ..
The Assembly voted -
AYES, 8 NOES, 9 Mr Berry Ms Carnell Mr Corbell Mr Cornwell Mr Hargreaves Mr Hird Mr Moore Mr Humphries Mr Quinlan Mr Kaine Mr Stanhope Mr Osborne Ms Tucker Mr Rugendyke Mr Wood Mr Smyth Mr Stefaniak
Question so resolved in the negative.
At 5.00pm the debate was interrupted in accordance with standing order 34. The motion for the adjournment of the Assembly having been put and negatived, the debate was resumed.
MR RUGENDYKE (5.01): I seek leave to move together the amendments circulated in my name.
MR RUGENDYKE: I move:
Page 6 -
Line 26, proposed new subsection 139L (1), omit ", 119AA, 139F or 139I", substitute "or 119AA or subsection 217 (4)".
Line 33, proposed new subsection 139L (2), after "may", insert ", by order,".
Line 36, proposed new section 139L, after proposed new subsection (2), insert the following new subsections:
" '(2A) In deciding whether to make an order under subsection (2), the Court-
(a) must have regard to the circumstances of the offence, including the risk to the safety of road users; and
(b) may seek evidence from the prosecution about the circumstances of the offence.
'(2B) Subsection (2A) does not limit, by implication, the matters to which the Court may have regard or prevent the offender from presenting evidence about the circumstances of the offence.".