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Legislative Assembly for the ACT: 1998 Week 4 Hansard (25 June) . . Page.. 1115 ..
MR STANHOPE (continuing):
`(3) Subsection (1) does not apply to a person whose liability to pay the fine is derived from an order under section 437 of the Crimes Act 1900.'.".
Page 11, line 17, clause 11, proposed new paragraphs 154D(1)(a) and (b), omit the paragraphs, substitute the following paragraphs:
"(a) the defaulter Ã
(i) has been notified under subsection 154CA(2); and
(ii) has not consented to a referral to the Court under section 154CA;
and paragraphs 154CA(1)(a), (b) and (c) apply to the defaulter;
(b) the Court has refused to make a community service order in respect of the defaulter under subsection 556G(3) of the Crimes Act 1900; or
(c) a community service order in respect of the defaulter is revoked under any of the following provisions of the Crimes Act 1900:
(i) section 556KA;
(ii) paragraph 556M(1)(b);
(iii) section 556NA;
(iv) subsection 556Q(3).".
Mr Speaker, I will be very brief. I covered the issues in relation to this suite of amendments when I spoke in the in-principle stage of the debate on this Bill this morning. I do not have any information to add to what I mentioned then. I will just reiterate it. The Labor Party's position on this issue is that we support the aims of this legislation. We think it is a good proposal. We think it is good legislation. We believe, however, that the fundamental principle in relation to the recovery of fines is that every step possible should be taken to keep fine defaulters out of gaol.
The only concern we have with this legislation is that we do not believe that this legislation achieves that. We do not believe that the legislation has gone far enough. We believe that there is an opportunity to take one more step, to have the court have one more look at determining whether a fine defaulter should be given another option, that is,
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