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Legislative Assembly for the ACT: 2000 Week 7 Hansard (27 June) . . Page.. 2049 ..


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) (5.59): Mr Speaker, I present the explanatory memorandum to government amendments to the bill. I move amendment No 1 circulated in my name:

Clause 2, page 1, line 6, omit the clause, substitute the following clause:

"2 Commencement

This Act commences on the day it is notified in the Gazette.".

The amendment simply seeks to replace the 1 July commencement date to a date notified in the Gazette. Given the delay and given the lateness of these sittings, that date is probably likely to be around 3 or 4 July.

Amendment agreed to.

MR STANHOPE (Leader of the Opposition) (6.00): I move:

Clause 4, page 2, line 4, omit the clause, substitute the following clause:

"4 Imposition of levy

Section 68 is amended by omitting subsection (1) and substituting the following subsection and note:

'(1) If a person is convicted of an offence that this Part applies to, the person is liable to pay the Territory-

(a) if the offence was committed before the commencement of this subsection-a levy of $30; or

(b) if the offence was committed partly before and partly on or after the commencement of this subsection-a levy of $30; or

(c) if the offence was committed on or after the commencement of this subsection-a levy of $50.

'Note This subsection commenced on the day the Victims of Crime (Financial Assistance) Amendment Act 2000 (No 2) was notified in the Gazette (see s 2 of that Act).'.".

When I spoke this morning I foreshadowed that I would be moving this amendment and I outlined the reasons for doing so. As I indicated-and we have just agreed to the bill in principle-the Labor Party has no objection to the intent of the amendment the Attorney has moved today to increase the levy to be paid by convicted persons from $30 to $50. However, the scrutiny of bills committee did raise a couple of points by way of objection to the bill presented by the Attorney. First, they say that there is an element of retrospectivity in that a person convicted after the commencement of these amendments would be subject to a heavier penalty than that which applied at the date the offence was committed. The amendments to the bill circulated by the Attorney-we have just dealt with an amendment to remove reference to 1 July 2000-do not otherwise affect the issue raised by the committee.


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