Page 2097 - Week 08 - Wednesday, 9 September 1992
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Madam Speaker, the amendments essentially do what was said in the in-principle debate, that is, modify Mr Moore's proposed law so that the on-the-spot fine applies only to the existing penalty regime of $100 for 25 grams or five plants. This is effected in the proposed amendments to clause 3, and by deleting the mechanism in the Bill before the Assembly of a schedule of offences and penalties. The offences range up to the possession of 100 grams in some cases. We seek to insert a prescribed penalty, being $100 in all cases, and omit the definition of "simple cannabis offence". In Mr Moore's Bill that definition covered a range of cannabis offences. We seek to substitute the two specific offences of cultivating not more than five plants and possessing not more than 25 grams. We also seek to delete the schedule, which is no longer necessary given these reforms.
Two minor procedural matters also are picked up in the amendments. Amendment No. 1 to clause 3 picks up a potential problem with the mechanism in Mr Moore's Bill for service of an on-the-spot fine in the case of a person under 18. Mr Moore's intention was that it go to a parent. We have tidied that up. The Bill says that it goes always to the person living with the person under 18, which could be the spouse of a person under 18 who is married, or the de facto, or the parent in every case. We are requiring it to be served on the person who is the parent, or who is standing in the role of the parent, if they are, in fact, in that relationship with the child. The other minor matter is that the current Bill would require the day to be specified on the notice. We are requiring that the date be specified on the notice. Madam Speaker, these amendments, being moved as a block, change Mr Moore's Bill, which covered a range of cannabis offences, and lock it into the existing law.
MR MOORE (12.15): Madam Speaker, I accept these amendments. I did so in negotiations, Madam Speaker. I think the original Bill was more effective in achieving what I wanted; but I am pragmatic enough to accept that this still will do the most important thing, which is protect kids, in particular, from the harm of winding up with a record in the courts, and the ramifications of that.
Amendments agreed to.
Clause, as amended, agreed to.
Clause 4 negatived.
Proposed new clause 5
MRS CARNELL (12.16): I seek leave of the Assembly to amend the amendment that has been circulated in my name by omitting "and Schedule 6".
Leave granted.
MRS CARNELL: I move:
Page 3, after clause 4, add the following clause:
Operation of amendments
"5. Section 171A of the Principal Act as amended by this Act shall cease to have any force or effect at the expiration of 3 years after the commencement of this Act unless, within the period of 2 months immediately preceding that expiration, the Legislative Assembly has passed a resolution to the effect that those provisions should continue in operation.".
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