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Legislative Assembly for the ACT: 1999 Week 1 Hansard (8 December) . . Page.. 4029 ..

MR RUGENDYKE (5.22): Mr Speaker, I move amendment No. 28 circulated in my name:

Page 9, line 21, after proposed new subsection 139Q (3), insert the following new subsections:

" '(3A) In deciding whether to release the impounded vehicle to the applicant, the Court-

(a) must have regard to the circumstances of the relevant offence, including the risk to the safety of road users; and

(b) may seek evidence from the chief police officer about the circumstances of the offence.

'(3B) Subsection (3A) does not limit, by implication, the matters to which the Court may have regard or prevent the applicant from presenting evidence about the circumstances of the offence.".

Amendment 28 inserts new subsections which allow magistrates to take into account evidence when considering whether to impound vehicles. This is consistent with the committee's recommendation. This recommendation was particularly pertinent because it came to the committee's attention that the New South Wales courts were unable to examine evidence when deciding whether or not to return vehicles to their owners as a result of burnout laws in New South Wales.

MR HARGREAVES (5.24): The Labor Party will be supporting amendments 28 and 29. We are particularly keen to allow the courts to decide these matters. This is a good example of having the courts decide something and not having mandatory application of penalty. And we are pleased to see at least some expression of competency in the courts, even with a little bit of direction.

Amendment agreed to.

MR RUGENDYKE (5.25): Mr Speaker, I move amendment No. 29 circulated in my name:

Page 9, line 27, proposed new Division 5, omit the Division, substitute the following new section:

" '139R Indemnity from personal liability for honest and good faith carrying out of duties

'(1) An individual is not civilly liable for an act or omission done honestly and in good faith in the exercise of a function or power under this Part.

'(2) A liability that would, apart from subsection (1), attach to an individual attaches instead to the Territory.'.".

This amendment omits the division and substitutes a new division relating to legal immunity for police officers in the course of their duty.

Amendment agreed to.

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