Page 4631 - Week 15 - Thursday, 21 November 1991
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CRIMES LEGISLATION (STATUS AND CITATION) BILL 1991
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (11.09): Mr Speaker, I present the Crimes Legislation (Status and Citation) Bill 1991. I move:
That this Bill be agreed to in principle.
The Crimes Act as it operates within the ACT has its origins in the New South Wales Crimes Act. The New South Wales Crimes Act 1900 was in force immediately before the establishment of the Australian Capital Territory and was, therefore, continued in force by the Commonwealth Seat of Government Acceptance Act 1909. It is for this reason that the Act is conveniently and correctly referred to as the "Crimes Act 1900 (New South Wales), as amended in its application in the Australian Capital Territory by laws of the Territory", or words of similar effect.
The Bill's main purpose is to facilitate the citation of the Crimes Act 1900 without any reference to New South Wales or the qualifying words "in its application in the Australian Capital Territory". In addition, the Bill asserts the status of the Crimes Act as a law of the Australian Capital Territory by deeming it to be an Act of the Legislative Assembly. Aside from the obvious advantage of convenience attaching to the simplified title, this Bill concurs with the principle of self-government by removing the reference to New South Wales.
To continue the convention of referring to the Act's origin is to ignore the ongoing process of reform whereby the Crimes Act has acquired, over the years, a distinctive territorial character. Indeed, over the years, the Act has been amended many times by Commonwealth ordinances and, more recently, by New South Wales enactments. There have also been amendments in New South Wales which have not been replicated in the Territory. Consequently, the Territory legislation now bears little resemblance to the New South Wales Act as it is presently in force.
I commend the Bill to members of this Assembly. Mr Speaker, I present the explanatory memorandum for this Bill.
Debate (on motion by Mr Stefaniak) adjourned.
MOTOR TRAFFIC (ALCOHOL AND DRUGS) (AMENDMENT) BILL 1991
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (11.12): Mr Speaker, I present the Motor Traffic (Alcohol and Drugs) (Amendment) Bill 1991. I move:
That this Bill be agreed to in principle.
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