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Legislative Assembly for the ACT: 1997 Week 9 Hansard (4 September) . . Page.. 3016 ..

MR MOORE (continuing):

Page 7, line 32 to page 8, line 12, clause 13, section 180Z, omit proposed subsections (4), (5) and (6), substitute the following subsection:

"(4) Where a person's special licence is cancelled under subsection (2), then, by force of this subsection, any suspended licence granted to the person is cancelled together with the special licence.".

Page 8, line 32, clause 15, proposed paragraph 191B(1)(b), after "driving licence", insert ", other than a special licence,".

Page 9, line 11, clause 15, proposed paragraph 191C(1)(b), after "driving licence", insert ", other than a special licence,".

Page 9, line 16, clause 15, proposed paragraph 191C(1)(c), after "driving licence", insert ", other than a special licence,".

Page 10, line 2, clause 15, proposed subsection 191D, after "driving licence", insert ", other than a special licence,".

Page 10, line 31, clause 15, proposed subsection 191H(1), after "11E,", insert "unless the court specifies to the contrary,".

Mr Speaker, these amendments follow on from the issues that I raised before. Amendments Nos 1 and 2 restructure the two sections proposed in the Bill with regard to applying for special licences. First of all, there is no denial of access to the courts. The material which provides guidance for magistrates on the grounds for determining an application is retained, Mr Speaker. This came out of the negotiations. I point particularly to Ms Horodny, who has spoken on this issue already, who was very keen to retain those. Indeed, it was a matter that was emphasised for me in the round table discussion with Mr Kaine. The catalogue of serious offenders is listed in a way which requires extraordinary circumstances for them to be granted a special licence. So, even the special licence that I spoke about before will result in only the most restricted licence anyway. But, even then, what is very clear about this message is that a magistrate will not consider dealing with it unless it is in the most extraordinary circumstances. Other provisions of the Bill are retained.

Amendment No. 3 removes the excuse provisions from the offence of failing to produce a drivers licence on demand. I think this part of the legislation is appropriately opposed, because the current law is appropriate, but the offence would be unreasonably tight if the amendment were passed. It recognises a case such as where mum jumps into the car to take the kids to school, after one of those mornings - and anybody who has little kids knows about those - trying to get them off to school. It can test any parent. She has gone off without her licence, and suddenly, lo and behold, she has received a major fine.

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