Page 1030 - Week 04 - Thursday, 1 April 1993

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The proposed amendments also address the issue of loss of amenity in the vicinity of licensed premises. A loss of amenity in the vicinity of licensed premises can occur in a number of ways, including noise emanating from equipment or people on the premises, increased traffic in an area, fighting, vandalism of public or private property, or disturbances by people leaving or arriving, particularly late at night. To address this problem, the proposed amendments make provision for a loss of amenity in the vicinity of licensed premises to be grounds for complaint and establish a two-tiered process for resolving complaints. Firstly - and it is hoped that most complaints can be resolved at this stage with the minimum cost and inconvenience to all concerned - the Registrar of Liquor Licences can convene a meeting between the complainant and a licensee in an effort to conciliate an agreed solution. Secondly, when a conciliated solution cannot be achieved, the registrar can refer the matter to the Liquor Licensing Board, which will conduct a hearing.

The Bill also includes amendments to allow the Deputy Registrar of Liquor Licences to consider a liquor permit application and to allow the police to institute proceedings for all offences under the Act. I commend this Bill to the Assembly and present the explanatory memorandum to the Bill.

Debate (on motion by Mr Humphries) adjourned.

MOTOR TRAFFIC (AMENDMENT) BILL 1993 [NO. 2]

MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (10.49): Madam Speaker, I present the Motor Traffic (Amendment) Bill 1993.

Title read by Clerk.

MR CONNOLLY: I move:

That this Bill be agreed to in principle.

The ACT Motor Traffic Act was introduced in 1936 and relates to the control of motor vehicles and the regulation of motor traffic. This Bill contains amendments to the Motor Traffic Act 1936 to refine fine default procedures for traffic and parking infringement notices, amend taxi plate auction procedures, and remove sexist language from the Act.

Firstly, I ask members to note the improvements to fine default procedures for parking infringement notices and traffic infringement notices, commonly referred to as PINs and TINs. Fine default for TINs or on-the-spot fines were introduced in 1992. This was an extension of the scheme which had been operating successfully for PINs. The aim of fine default is to replace the ultimate sanction for failure to pay fines, namely, a gaol term, with a penalty which is more appropriate to the offence. That penalty is currently cancellation of a driver's licence or vehicle registration or suspension of the right to drive in the ACT.

Cancellation may have been an appropriate sanction at the time when the licence was current for only one year. However, as we now have five-year licences, cancellation has become a more drastic measure than the enforcement policy requires. For example, if the licence holder's licence is cancelled in the first year


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