Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .

Legislative Assembly for the ACT: 1997 Week 13 Hansard (4 December) . . Page.. 4539 ..

MR HUMPHRIES (continuing):

This Bill amends provisions of the Crimes Act 1900 to reflect the changed arrangements for commitment of defaulters to imprisonment. Under the new scheme the registrar, rather than the court, will issue warrants of commitment. The amendment effected by clause 4 ensures that, under the new arrangements, periods of imprisonment for fine default will be served cumulatively. There will be no discretion in the registrar to order that such periods of imprisonment be served concurrently.

The Bill also makes a series of amendments to the provisions which will enable a fine defaulter to perform community service work as an alternative to imprisonment for fine default. Various provisions are omitted, as they are inconsistent with the proposed new enforcement arrangements under the Magistrates Court Act which do not include community service work for fine defaulters. The changes to the community service provisions of the Act in relation to fine default effected by the Bill will not apply in relation to a person who is already the subject of a community service order when the new scheme commences.

Debate (on motion by Mr Wood) adjourned.

MR HUMPHRIES (Attorney-General) (10.52): Mr Speaker, I present the Supreme Court (Amendment) Bill 1997, together with its explanatory memorandum.

Title read by Clerk.

MR HUMPHRIES: I move:

That this Bill be agreed to in principle.

Earlier this year I asked for a review of court enforcement procedures to be carried out. That review was undertaken by a working party comprising representatives of the Attorney-General's Department, the Registrar-General, the Law Society, the registrars of the Supreme Court and the Magistrates Court and the sheriff. In its report the working party made a number of recommendations, and this Bill arises from one of those recommendations. However, this Bill does not represent the sum total of changes likely to be made. Using the recommendations of the report as the starting point, a full consideration of what other legislation changes are appropriate will be undertaken. That review, which will among other things look at having commonality as far as is appropriate between the courts, will involve extensive consultation with interested groups.

This Bill will give the Supreme Court the capacity to order the sheriff to make a forced entry of premises occupied by a judgment debtor for any purpose connected with executing a judgment against the judgment debtor. The Bill will correct an inconsistency between the capacity of the Supreme Court and that of the Magistrates Court.

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .