Page 546 - Week 02 - Wednesday, 19 February 2020

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Clause 2.

MS LE COUTEUR (Murrumbidgee) (5.45): Pursuant to standing order 182A(b), I seek leave to move an amendment to this clause that is minor and technical in nature.

Leave granted.

MS LE COUTEUR: I move amendment No 1 circulated in my name on the green paper. This is a very straightforward amendment that I have already spoken about, for the bill to commence in two years. I am very confident that both sides of the Assembly agree with it [see schedule 1 at page 563].

Amendment agreed to.

Clause 2, as amended, agreed to.

Remainder of bill, by leave, taken as a whole.

MS LE COUTEUR (Murrumbidgee) (5.46): I seek leave to move amendments Nos 2 to 8 circulated in my name together.

Leave granted.

MS LE COUTEUR: I move amendments Nos 2 to 8 circulated in my name together [see schedule 2 at page 563]. These amendments are very minor and technical and are as a result of feedback from a number of people, principally the Community Law Centre. The amendment to clause 7 specifies that an application under this section must be made within 28 days of service under the notice. Clause 7 also has a change of an “or” for an “and”. Amendment No 4 introduces the option to waive the infringement notice penalty.

Amendment No 5 introduces new clauses 7A to 7D, which together establish the processes for a waiver of infringement notice penalty, and they are consequential to amendment No 4. Amendment No 6, which is to clause 8, proposes new section 123F. This clause amends the existing section 123 to include information about the time frame to pay an infringement notice if a person’s application for a waiver is refused—that is, the penalty is payable within seven days after the day the person was told of the refusal or 28 days from the day the original notice was served, whichever is the later.

Amendment No 7 proposes new clauses 10A and 10B, with 10A setting out options and processes for penalty payment, payment plan or waiver and 10B being a technical amendment to include reference to section 127 regarding the effects of a waiver of an infringement notice penalty and to be consistent with the Road Transport General Act 1999, section 39. Amendment No 8 is for proposed new clauses 11A to 11F, reminder notices. These clauses provide for additional information about waivers to be added and reminder notices to ensure consistency and clarity of information. They specify what information must be included in reminder notices, including with regard to options available to a person who has received an infringement penalty.


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