Page 1762 - Week 07 - Tuesday, 18 August 1992

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(i) being a position that is equipped with a child restraint - while there is an unoccupied position to the rear that is, or that could be, equipped with a child restraint;

(ii) being a position that is not equipped with a child restraint but is equipped with a seat belt - while there is an unoccupied position to the rear equipped with a child restraint or seat belt; or

(iii) being a position that is equipped with neither a child restraint nor a seat belt - while there is an unoccupied position to the rear.".

Page 6, line 33, proposed subsection 164DA(1), omit the subsection, substitute the following subsection:

"(1) In section 164D, a reference to a child restraint or a seat belt in relation to a child or young person shall be read as a reference to a child restraint or seat belt that is suitable for use by him or her, that is securely fastened around him or her and is properly adjusted.".

Page 7, line 1, proposed subsection 164DA(2), omit "section 164D", substitute "this section".

Page 7, line 11, proposed subsection 164DA(3), omit "section 164D", substitute "this section".

Page 7, line 15, proposed subsection 164DB(1), omit "Subsection 164D(2)", substitute "Paragraph 164D(a)".

Page 7, line 28, after clause 14, insert the following new clause:

Defences

"14A. Section 164E of the Principal Act is amended -

(a) by omitting from paragraph (6)(c) 'subsection 164D(2)' and substituting 'paragraph 164D(a) or (b)'; and

(b) by omitting from subsection (7) 'subsection 164D(1) or (2)' and substituting 'paragraph 164D(a) or (b)'.".

I foreshadowed these amendments in my closing remarks on the in-principle debate. On closer examination of the final form of the legislation as presented by the police and the road safety authorities, there were some potential problems in the way it was drafted. In order to make abundantly sure that it is appropriate, we come into this chamber with some amendments. The significant effect of these is to provide that reasonable excuse defence. Rather than trying to delineate every circumstance where a restraint need not be used, we have put in a catch-all defence of reasonable excuse, as outlined in my earlier remarks.

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