Page 572 - Week 03 - Tuesday, 19 May 1992
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Let me be more specific, as Mr Westende was. The general fine will increase from a maximum of $100 to $500, and this in a year when the Federal Government has achieved an inflation figure of less than 2 per cent. Fines were increased in 1984 from $40 to $100. At that time the increase was 250 per cent. Now the Government wants to fine people who have committed an offence under the Act, for which no specific penalty is prescribed, up to $500. This will increase the maximum penalty fivefold after eight years.
What are the types of offences that will attract this penalty? Under section 9 of the Act any person who, upon a public street, rides a bicycle which has not affixed thereto on some convenient part efficient brakes and a bell or other efficient approved appliance for giving warning of its approach, shall be guilty of an offence. If a rider does not have at least one hand on the bike handlebar, and if he or she does not have their feet on the pedals, they are also guilty of an offence. As well, carrying a pillion passenger on a bike not designed to take more than one person is an offence for both rider and passenger. Riding or driving two abreast, unless you are on a bike, is an offence in a vehicle. Having a projecting load and not obeying the directions of a police officer who is regulating the traffic are offences under the Act where there is no specific prescribed penalty.
While I realise that the discretion of the court can come into effect when offenders appear before a magistrate, are these offences worthy of such an onerous maximum penalty, particularly when the penalties spelt out for certain offences under the Act fall into the range of $40 to $100? Madam Speaker, I oppose the amendments.
MR HUMPHRIES (8.31): I wanted to rise in the debate to indicate that this is an issue which has vexed the Liberal Party for some few weeks. As I think Mr Westende indicated, we have discussed this issue at great length and we have come to the view that the legislation the Government is bringing forward ought to be supported. But we acknowledge that there are arguments either way in this matter, and that it is not as straightforward as it might appear on first blush. In particular, the Liberal Party examined with care the submission brought forward by the Cyclists Rights Action Group. It caused considerable soul-searching in our ranks. I want to address some of the arguments that were used - - -
Mr Berry: We would have to find a soul first.
MR HUMPHRIES: I will not take a point of order, Mr Berry. We examined the arguments in that, and I want to come back and touch on some of those in explaining why the Liberal Party has decided to support this legislation.
The submission makes a number of points about the question of liberty and the idea that people should be able to do what they wish when they are riding their bicycles down a path or down a road in the ACT. In particular, the words of John Stuart Mill, the great libertarian, were quoted in the same vein as I think an American judge some time after him who expressed the same principle in words to the effect that I have the right to swing my arm ends at the tip of another man's nose, the idea being that people should be completely free to do what they wish providing it does not affect any other individuals around them. That, to libertarian Liberals, is a very compelling argument. I think it has been quoted by the Attorney-General as well in this chamber in one form or another. So, it is a fairly compelling argument and needs to be addressed.
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