Page 921 - Week 04 - Tuesday, 27 March 1990

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The Assembly voted -

AYES, 11  NOES, 6

Mr Collaery Mr Berry
Mr Duby Ms Follett
Mr Humphries Mrs Grassby
Mr Jensen Mr Moore
Mr Kaine Mr Whalan
Dr Kinloch Mr Wood
Ms Maher
Mrs Nolan
Mr Prowse
Mr Stefaniak
Mr Stevenson

Question resolved in the affirmative.

Clause agreed to.

Clauses 6 to 25, by leave, taken together, and agreed to.

Clause 26 (Return of licence)

MR COLLAERY (Attorney-General) (8.56): I move:

Subclause 26(1), page 9, line 13, omit the penalty.

MRS GRASSBY (8.57): The Opposition supports this proposed amendment, which is only a tidying up of the clause to provide for another amendment.

Amendment agreed to.

MR COLLAERY (Attorney-General) (8.57): I move:

Proposed subclause 26(1A), page 9, line 13: After subclause 26(1) insert the following subclause:

 "(1A) A person shall not, without reasonable excuse, fail to comply with subsection (1). Penalty: $1,000.

MRS GRASSBY (8.58): Although members of the Government do not know the difference between the environment and training, the Labor Party supports this proposed amendment. As Professor Whalan pointed out, it is unreasonable for a licensee to be subjected to a $1,000 fine for failure to return a licence if the person keeping the document is on holiday or sick, which could easily happen, or for some unknown reason is not able to do it at the particular time.

The amendment inserts a "without reasonable excuse" defence into the clause, and is supported by the Opposition in every way. A $1,000 fine, as a result of somebody not being able to hand in a licence in a certain time, would be rather unfair. We definitely support this amendment.

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