Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .

Legislative Assembly for the ACT: 2001 Week 8 Hansard (9 August) . . Page.. 2795 ..

MR OSBORNE (continuing):

We could probably live with it if that were included. If Mr Osborne inserts that, I will accept Mr Moore's amendment to Mr Stanhope's amendment. I can read the numbers here, so I think that would be-

Mr Osborne: I do not know if they are going to accept it, though.

MR STEFANIAK: We will see. But if you move it, I will certainly be happy to support it.

Mr Osborne: Yes, but do you want to put (a) in?

MR SPEAKER: Order! I would draw your attention to the time and the importance of this piece of legislation. I am a bit concerned about the number of amendments that are flying around at this time.

MR RUGENDYKE (11.55): It is a simple question: why, without putting back "a thing stolen or otherwise unlawfully obtained", would someone be allowed to walk around with someone else's gold watch in their pocket?

MR SPEAKER: Minister, is something going to happen about this legislation? Or are we going to sit around talking?

Mr Stefaniak: We will probably sit around talking, Mr Speaker.

MR SPEAKER: Would it be too much to ask for somebody to make either a statement or a decision on this matter?

MR STANHOPE (Leader of the Opposition) (11.56): Yes, I will. On reflection, Mr Speaker, I think Mr Moore's amendment to my amendment is appropriate. And I am more than happy to support it.

Our instructions to the Office of Parliamentary Counsel were based very much on incorporating, within this particular provision, the provisions of the existing section 349T. But we made an error in our instructions. The draftsman faithfully followed the instructions, and we arrived at a position that we did not really intend. So, in fact, Mr Moore has quite cleverly returned us to the position that we intended in the first place.

We did propose, as Mr Moore has also explained, to raise the bar to capture within this particular provision more serious provisions than just anything "stolen or otherwise unlawfully obtained" in respect of the nature of the offence that might have been created by their having been stolen or otherwise unlawfully obtained.

That was the justification for it. A position has now been arrived at on this provision. If the existing paragraph (a) were incorporated into the amendments now jointly proposed by Mr Moore and me, it would receive at least majority support within the Assembly. The Labor Party is quite happy to compromise to that extent. Although not accepting absolutely the wisdom of drawing down the power to stop and search, in this case, in the interests of improving the government's proposal, we will support both amendments.

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .