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Legislative Assembly for the ACT: 1998 Week 1 Hansard (30 April) . . Page.. 209 ..

MR HUMPHRIES (continuing):

It is not contemplated that persons liable to undergo a lengthy period of imprisonment in default of payment of a fine will be detained at a remand centre. It is more likely that such persons will go to prison in New South Wales as is presently the case. However, where a person has to serve only a few days in respect of a fine, it is considered appropriate to facilitate that imprisonment being served in a remand centre in the ACT.

Debate (on motion by Mr Stanhope) adjourned.

MR HUMPHRIES (Attorney-General, Minister for Justice and Community Safety and Minister Assisting the Treasurer) (10.50): Mr Speaker, I present the Crimes (Amendment) Bill 1998, together with its explanatory memorandum.

Title read by Clerk.

MR HUMPHRIES: Mr Speaker, I move:

That this Bill be agreed to in principle.

The Crimes (Amendment) Bill 1998 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 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 Stanhope) adjourned.

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