Page 1761 - Week 07 - Tuesday, 18 August 1992
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The explanatory memorandum I have circulated gives some examples of what we think would fall within that. We have the circumstance where, if a child had to be picked up from school because of some emergency or the parents were delayed or unavoidably detained, other parents could take that child in a car not appropriately fitted. Another would be going to hospital. A further example we have used is a child caught in an electrical storm. We have to accept that there will be circumstances where persons will not have a child restraint in a vehicle, yet for them to lend a hand and give a child a lift somewhere should not be a criminal offence.
We are seeking to put the onus on parents who are carting children around - whether their children or other people's children - to use these restraining devices. Car pooling or trooping off to junior sports, I think, would be circumstances where the use of a restraint would be required. In the event of lending a hand to get your neighbour's sick child to hospital or the doctor, or picking up a neighbour's child when the parents are ill and unable to use their vehicle with child restraints, would fall on the acceptable side of the line. It is always difficult to be precise in these circumstances; but we felt that it was appropriate to have that form of general exemption, recognising that there will be a myriad of circumstances where people will be carrying young people in the car and on occasions it may not be unreasonable for the person to carry the child absent the restraining device. These amendments are designed to tidy up and close off loopholes and to provide that reasonable exception defence.
Question resolved in the affirmative.
Bill agreed to in principle.
Detail Stage
Bill, by leave, taken as a whole
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (4.39), by leave: I move:
Clause 14 -
Page 6, line 4, proposed section 164D, omit the section and substitute the following section:
Children and young persons
"164D. A person shall not drive a motor vehicle on a public street if -
(a) a child in the vehicle is not restrained by a child restraint;
(b) a young person, or a child who is not restrained by a child restraint, in the vehicle is not restrained by a seat belt; or
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