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Legislative Assembly for the ACT: 2001 Week 6 Hansard (15 June) . . Page.. 1896 ..

MS TUCKER (continuing):

(b) the person is a party to a proceeding being heard, or about to be heard, by the court; or

(c) the person is required to attend the court by summons, subpoena or other court process or order.

You have just said that this is not an exclusive list. I can remember having a discussion-I cannot remember which legislation it was; it might have been abortion legislation-where it was explained to me that in fact lists are exclusive unless it is said that they are not. You seem to be suggesting that there is some flexibility and freedom here to add other people. I do not see that when I read the clause.

You are saying that you might get a gang of bikies in the courts. All the clause is saying is that particular people attract a particular protection, which means that the court has to give leave in respect of that person. It is not saying a person cannot be expelled-it is not saying that at all. As I understand it, you have set up in this legislation a special list of people who attract a particular protection. Because there are concerns that this list is too exclusive, what Mr Stanhope is doing is adding more flexibility to basically what you have presented.

As I said, this concern has been expressed by people in the legal fraternity who work in the field. I think it seems perfectly reasonable. Of course, it is always possible to have people removed from the court. We would obviously remove a gang of bikies.

MR OSBORNE (5.22): Mr Temporary Deputy Speaker, I think the clause could have been drafted a bit better. But having said that, I think the arguments put up by Mr Stanhope and Ms Tucker have merit, and I am prepared to support Mr Stanhope's amendment.

MR STEFANIAK (Minister for Education and Attorney-General) (5.23): Well, Mr Stanhope, you had better put up an amendment to clause 13 as well because otherwise certain other people will be able to behave unlawfully or in a disorderly way et cetera. If you have the numbers to amend clause 14, you had better go back and do the same thing to clause 13 (3).

Question put:

That Mr Stanhope's amendment be agreed to.

The Assembly voted-

	Ayes 9  			Noes 8

 Mr Berry  	Mr Quinlan  	Mrs Burke  	Mr Rugendyke
 Mr Corbell  	Mr Stanhope  	Mr Cornwell  	Mr Smyth
 Mr Hargreaves  Ms Tucker  	Mr Hird  	Mr Stefaniak
 Mr Kaine  	Mr Wood  	Mr Humphries  
 Mr Osborne    			Mr Moore 

Question so resolved in the affirmative.

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