Page 4838 - Week 15 - Thursday, 16 December 1993

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THE PENALTY LEVELS IN ACT LEGISLATION HAVE BEEN REVIEWED IN ACCORDANCE WITH A SET OF GOVERNMENT APPROVED REVIEW PRINCIPLES AND PENALTY SCALE. THESE PRINCIPLES AND THE SCALE ARE INCLUDED IN THE EXPLANATORY MEMORANDUM TO THE BILL.

IN SOME CASES THE APPLICATION OF THE PRINCIPLES AND THE

PENALTY SCALE HAVE RESULTED IN SIGNIFICANT INCREASES IN

THE MAXIMUM PENALTY FOR SOME OFFENCES. IN EXAMINING

THESE INCREASES IT IS IMPORTANT TO BEAR IN MIND THAT SOME

EXISTING PENALTIES HAVE NOT BEEN QED SINCE THE

OFFENCES WERE CREATED MANY YEARS AGO. THE EFFECTS OF.

INFLATION HAVE TO BE CONSIDERED. IN ADDITION ONE MUST

REMEMBER THAT THE SETTING .OF PENALTIES IN THE PAST WAS

SOMEWHAT HAPHAZARD AND INCONSISTENT. IN ALL CASES

WHERE THE BILL INCREASES PENALTIES FOR OFFENCES, THIS IS A

RESULT OF THE APPLICATION OF THE PRINCIPLES AND PENALTY

SCALE TO IMPOSE CONSISTENT PENALTIES FOR SIMILAR OFFENCES.

THE PENALTY PRINCIPLES AND SCALE WILL BE APPLIED IN ALL FUTURE GOVERNMENT LEGISLATION. I URGE MEMBERS OF THE ASSEMBLY WHO PREPARE PRIVATE MEMBERS BILLS IN FUTURE TO HAVE REGARD TO THE PRINCIPLES AND THE SCALE. IT IS IMPORTANT THAT PENALTIES FOR SIMILAR OFFENCES ARE CONSISTENT ACROSS ALL LEGISLATION IN THE TERRITORY:

I BELIEVE THE COMBINED EFFECT OF BOTH THESE BILLS, NAMELY

THE STATUTE LAW REVISION (PENALTIES) BILL AND THE

INTERPRETATION (AMENDMENT) BILL, WILL BE

TO MAINTAIN A.C.T. PENALTIES. GENERALLY CONSISTENT WITH CRIMINAL LAW POLICY, AND .

TO FACILITATE EASY ADJUSTMENT OF FINES TO TAKE ACCOUNT OF THE EFFECT OF INFLATION..

I COMMEND THE BILL TO THE ASSEMBLY.

4838

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