Page 3790 - Week 14 - Thursday, 10 December 1992
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and do not add to the meaning of provisions and the replacement of references to years, months, dollars and provisions of legislation which have traditionally been expressed, at some length, in words, with references in numbers. Thirdly, the Bill also amends legislation to remove the definitions of various terms which are defined in the Interpretation Act 1967, thus avoiding unnecessary duplication of the definitions of such terms.
Fourthly, transitional, savings or similar provisions, the operation of which has been exhausted by the passage of time, are repealed by the Bill. References to repealed or redundant Acts or provisions are also removed by the Bill. Fifthly, the Bill also removes sexist language. Whilst there is a scheme in place for the systematic removal of sexist language from ACT legislation whereby such language is removed as legislation is substantively amended, where other amendments to the legislation, of a technical nature, are required the opportunity is being taken in this omnibus Bill to correct sexist language and replace it with gender neutral language.
The Government has an obligation to ensure that our ACT legislation is clear and accessible, and this Bill is an example of the Government's commitment to meeting that obligation. I commend the Bill to the Assembly and I present the explanatory memorandum for the Bill.
Debate (on motion by Mr Humphries) adjourned.
MAGISTRATES COURT (AMENDMENT) BILL 1992
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (11.32): Mr Deputy Speaker, I present the Magistrates Court (Amendment) Bill 1992.
Title read by Clerk.
MR CONNOLLY: Mr Deputy Speaker, I move:
That this Bill be agreed to in principle.
The Magistrates Court (Amendment) Bill 1992 will amend the Magistrates Court Act 1930 in several aspects. The Magistrates Court (Amendment) Bill 1992 will remove the current requirement that a fee be paid for the issue of a summons and instead require that a fee be paid for the laying of an information. The amount of the fee will remain the same. Where that fee is not required to be paid, such as when the information is laid by the police or the Director of Public Prosecutions or remitted on hardship grounds, the Bill will allow the court to award a comparable amount in costs as against a convicted defendant.
Informations, which presently do not attract a fee, rather than the issue of a summons, are the basis of the voluntary agreement to attend court scheme. Under this scheme an alleged offender may have the choice of voluntarily agreeing to attend court rather than be ordered to appear by summons. The charge would then be heard on the basis of the laying of an information before the court. This scheme, which was announced at the time of the budget savings to the police budget, should enable greater efficiency in the use of both court and police resources.
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