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Legislative Assembly for the ACT: 1999 Week 13 Hansard (7 December) . . Page.. 3897 ..


MR SMYTH (Minister for Urban Services) (7.46): Mr Speaker, I ask for leave to move amendments 6 to 8 circulated in my name together.

Leave granted.

MR SMYTH: I move:

Schedule 3 -

Page 41 -

Line 7, proposed new section 52, Motor Traffic (Alcohol and Drugs) Act 1977, omit "on 1 December 2004", substitute "5 years after the commencement of the Road Transport (General) Act 1999".

Line 13, proposed new subsection 53 (2), Motor Traffic (Alcohol and Drugs) Act 1977, omit "on 1 December 2001", substitute "2 years after the commencement of the Road Transport (General) Act 1999".

Page 42, line 1, proposed new definition, offence of culpable driving , Motor Traffic (Alcohol and Drugs) Act 1997, 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.".

Amendment 6 revises the expiry date of a consequential amendment to the Motor Traffic (Alcohol and Drugs) Act 1997 from 1 December 2004 to five years after the commencement of the Road Transport (General) Act 1999. Again, this is a consequence of the delay. Amendment 7 revises the expiry date of a consequential amendment also. Amendment 8 revises the definition of "offence of culpable driving" in the Motor Traffic (Alcohol and Drugs) Act 1997 to be consistent with the definition in the Road Transport (General) Act 1999.

Amendments agreed to.

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

Bill, as amended, agreed to.


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