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Legislative Assembly for the ACT: 2001 Week 6 Hansard (13 June) . . Page.. 1641 ..


MR MOORE (continuing):

material and future publicity and information materials, in order to reinforce the exact nature of the law regarding cannabis.

In its report, the Standing Committee recommended the cancellation of a person's driving licence and motor registration in relation to non-payment of fines for people in possession of small amounts of cannabis. From a public health perspective, the suspension of a defaulter's vehicle registration, driver's licence or right to drive is certainly preferable to entering the criminal justice system.

The Government supports the cancellation of drivers' licences in relation to SCONs, however, does not at this stage support the cancellation of motor vehicle registration on the basis that while many people, and young people in particular, who incur SCON fines have a licence, they frequently do not own a car. While it is efficient for the Motor Vehicle Registry to use such sanctions in relation to parking offences as It involves rights the offender clearly exercises, it is less certain it will be of benefit in relation to cannabis offences.

The introduction of a community services option as an alternative is also not supported at this stage, as it would require considerable legislative changes to implement. Any community service scheme applicable to SCONs would need to be kept separate from the judicial system in order to be accepted.

The Government will therefore first trial a range of measures to increase SCON expiation rates, over a 12 month period. These measures will be applicable to both juvenile and adult offenders and include:

� an opportunity for diversion to an education program as an alternative to paying a fine;

� options for payment including full amount in one payment, or staggered payments;

� introduction of an increasing scale of fines if the original fine is not paid;

� possibility of graded penalties depending on amount of cannabis seized;

� introduction of an amnesty period prior to the introduction of new measures; and

� opportunities through the media to reinforce the legal status of the SCON scheme.

Should these measures fall to markedly increase compliance, the cancellation of licences and, in the case of juveniles, non-issue of licences will be trialed.

The Government also proposes an amnesty period prior to the introduction of new measures. The amnesty will be restricted to non-payment of SCONs where these matters have not already been brought before the courts. No other matters that are unrelated to SCONs, or matters that have already been brought before the courts will be eligible for a period of amnesty. A media campaign to reinforce the legal status of the SCON scheme, along with penalties that will be put in place for people issued with a SCON, will also be undertaken.

The Government is not supportive of the Committee's proposed changes to the handling of cannabis, including, a change to dry, rather than wet weight; and to the inclusion of hash and hashish oil in the legislation. The recommendations contained in the report suggest additional handling at a time when the Standards Australia Committee is moving towards a "sample and destroy" policy. This would put us out of step with national standards. Other issues associated with adopting this recommendation include the cost of the process, the decision-making process regarding the preparation of a representative sample, and the additional issues this would raise for the Government laboratories.


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