Page 174 - Week 01 - Wednesday, 17 February 1993

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Detail Stage

Bill, by leave, taken as a whole

MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (3.51): I move the following amendment circulated in my name:

Page 11, clause 31, line 31, omit the clause, substitute the following clause:

Validation

"31. (1) In this section -

'Motor Traffic Act proceedings' means proceedings relating to an offence against the Motor Traffic Act 1936 being proceedings that were heard and determined under Part VIIA of the Principal Act during the period commencing on 20 December 1991 and ending immediately before the commencement of section 10;

'Traffic Act proceedings' means proceedings relating to an offence against section 7 of the Traffic Act 1937 being proceedings that were heard and determined under Part VIIA of the Principal Act during the period commencing on 8 February 1984 and ending immediately before the commencement of section 10.

"(2) In respect of Motor Traffic Act proceedings or Traffic Act proceedings -

(a) no act, matter or thing done or suffered in those proceedings;

(b) no conviction entered or order made in those proceedings;

(d) no warrant or execution or anything done in execution of a warrant or other order of the Magistrates Court in those proceedings;

is invalid or shall be called into question by reason only that -

(e) in the case of Motor Traffic Act proceedings - the relevant offence was an offence for which the penalty was a fine of an amount exceeding $500 but not exceeding $2,000; or

(f) in the case of Traffic Act proceedings - the relevant offence was an offence for which the penalty was a fine of an amount exceeding $200.".

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