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Legislative Assembly for the ACT: 1997 Week 14 Hansard (9 December) . . Page.. 4780 ..

`(8) The Commissioner of Police may extend, by such period as the Commissioner thinks fit, the period of 60 days referred to in paragraph (3)(c) upon receipt, before the end of that period, of a written request to do so from a person who has been served with an offence notice.

`(9) Where a person who has been served with an offence notice fails to pay the prescribed penalty -

(a) within 60 days after the date of service of the notice; or

(b) if an extension of time has been granted under subsection (8), within that period;

the Commissioner of Police shall cause an information, in writing and on oath, to be laid before a Magistrate commencing proceedings against the person in respect of the offence to which the offence notice relates.

`(10) Where an information is laid before a Magistrate in accordance with subsection (9), the Magistrate shall issue his or her warrant in the first instance for the arrest of the person in accordance with subsection 42(1) of the Magistrates Court Act 1930.

`(11) In this section -

"prescribed offence" means an offence against section 546C of this Act or subsection 84(1) of the Liquor Act 1975;

"prescribed penalty" means 1 penalty unit.'.".

I have also spoken to that, Mr Speaker.

MS TUCKER (5.40): I move:

Proposed new subsections 575(9) and (10), omit the proposed new subsections.

I have spoken to this.

MR HUMPHRIES (Attorney-General) (5.40): Can I very briefly explain to the Assembly why we do not support the amendment Ms Tucker has moved. The effect, as I understand it and as members can see, is to delete proposed new subsections (9) and (10). That would have the effect of not subjecting a person to the issuing of a warrant on the failure to pay the fine.

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