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Legislative Assembly for the ACT: 2002 Week 14 Hansard (10 December) . . Page.. 4155 ..


MR STANHOPE: Mr Speaker, I move amendments Nos 11 to 15 circulated in my name [see schedule 3 at page 4186].

Mr Speaker, amendment No 11 corrects an oversight and repeals section 3 of the Crimes Act 1900. Amendment No 12 will adjust the Legislation Act 2001 so that where an offence only refers to a penalty of imprisonment of 10 years or more, the monetary penalty that can be imposed on a corporation is 1,500 penalty units or $150,000. This is consistent with monetary penalties that apply for offences with similar prison terms in the code.

Amendment No 13 will add a note to the Prostitution Act in the same terms as the notes being added to other legislation in Schedule 1 of the bill. It will also adjust other provisions of that act to remove references that have been repealed. I need to look at that closely. I probably need to confirm that one can engage in prostitution without committing sabotage. I am sure that it does not go to that matter.

Amendment No 14 in this part will add a provision to the Territory Records Act to make it clear that the criminal code applies to offences under that act. The offence in section 52 of the Territory Records Act will also be reworded in code compliant terms, but the effect of the offence will remain the same. Amendment No 15 is a technical amendment to correct a minor drafting error. The amendment will replace the word "omit" with "substitute".

Amendments agreed to.

Schedule 1, as amended, agreed to.

Dictionary.

MR STANHOPE (Chief Minister, Attorney-General, Minister for Health, Minister for Community Affairs and Minister for Women) (8.08): I seek leave to move together amendments Nos 16 and 17 circulated in my name.

Leave granted.

MR STANHOPE (Chief Minister, Attorney-General, Minister for Health, Minister for Community Affairs and Minister for Women) (8.09): I move amendments Nos 16 and 17 circulated in my name [see schedule 3 at page 4186].

Mr Speaker, I gave an explanation before that these amendments will insert definitions of the terms "harm"and "serious harm"in the dictionary in accordance with the definition of those terms recommended by the Model Criminal Code Officers Committee in its report on fatal and non-fatal offences.

MR STEFANIAK

(8.09): These dictionary amendments apply to several clauses of the bill and I do not have a particular problem with "harm", but I wish to make one comment in relation to "serious harm"as a result of the Chief Minister's amendment to proposed section 42 (3). I have no problem at all with the amendment whereby he took out "really serious harm", or whatever it was, and made it "serious harm"in terms of paragraph (a),


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