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Legislative Assembly for the ACT: 1999 Week 13 Hansard (7 December) . . Page.. 3890 ..

MR SMYTH (continuing):

Page 77, line 4, subclause (2), after "believes", insert "on reasonable grounds".

Clause 189, page 96, line 1, subclause (6), omit the subclause.

New clause -

Page 104, line 17:

"212A Guidelines about Minister's powers under division

(1) The Minister may issue guidelines about the exercise of the Minister's power under this Division.

(2) The Minister must comply with any guidelines applying to the exercise of a power under this Division.

(3) A guideline under subsection (1) is a disallowable instrument for the Subordinate Laws Act 1989.

Amendment -

Page 134, line 19, dictionary, definition of "offence of culpable driving", omit the definition, substitute the following definition:

"offence of culpable driving , for a person, means-

(a) an offence against section 29 (Culpable driving) of the Crimes Act 1900; or

(b) any other offence against the Crimes Act 1900 where a necessary fact to constitute the offence is that someone dies or is injured because of, or as a result of, the way a person drove a motor vehicle.".

Mr Speaker, the remaining amendments are housekeeping in response to the committee's report. Amendment 7 changes clause 82. It allows for a defence of reasonable excuse. The clause as amended will now allow for a person to use a motor vehicle without the owner's consent, provided that he or she has a reasonable excuse.

In amendment 8, the word "state" has been included in each of the subclauses to overcome a grammatical error. Amendments 9 and 10 are in accordance with the committee's report and require the authority to use its discretion on reasonable grounds.

Amendment 11 is the deletion of clause 189(6), due to the concerns that the provision may in fact deny discovery of evidence or documents. Amendment 12 ensures the requirement of the Minister to comply with guidelines when the Minister's power is exercised under that division. Amendment 13 is a minor revision of the definition of culpable driving.

Amendments agreed to

Remainder of Bill, as a whole, as amended, agreed to.

Bill, as amended, agreed to.

Sitting suspended from 5.53 to 7.30 pm

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