Page 1325 - Week 07 - Thursday, 24 August 1989
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Detail Stage
Clauses 1 and 2, by leave, taken together, and agreed to.
Clause 3 (Insertion)
MR STEFANIAK (11.46): Mr Speaker, I seek leave to move two amendments together.
Leave granted.
MR STEFANIAK: I move:
Page 2 -
(a) Omit proposed new subclauses 35(4) and (5); and
(b) Proposed new subclause 35(6) omit:
"'community service order' has the same meaning as in Part XVA of the Crimes Act;
'Crimes Act' means the Crimes Act, 1900 of the State of New South Wales in its application to the Territory;".
I move these amendments as chairman of the committee. I have already made my comments in relation to what I would see as the best type of legislation. These amendments relate to the 24-hour community service provisions. Community service, Mr Speaker, is an alternative to prison and therefore it is common practice - indeed, it is the practice in this Territory as elsewhere in the Commonwealth of Australia - that there should be a term of imprisonment in the penalty section of legislation before community service is meant to operate.
Whilst the idea of 24 hours community service was probably a nice idea to the committee, I do not think this was fully appreciated. It has been pointed out and I think all three committee members agree with the recommendations of the Government lawyers that those subclauses should be deleted, so all reference to the 24 hours community service should be deleted. I have already made my comments known - I think $200 is far too low. That would remain the penalty but the 24 hours community service parts would come out.
Amendments agreed to.
Clause, as amended, agreed to.
Remainder of Bill, by leave, taken as a whole, and agreed to.
Bill, as amended, agreed to.
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