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Legislative Assembly for the ACT: 1999 Week 1 Hansard (8 December) . . Page.. 3972 ..

MR RUGENDYKE (continuing):

"(2A) In a prosecution for an offence against subsection (1) or (2), it is a defence if the person charged establishes that the motor vehicle, although operated in contravention of the subsection, was not deliberately operated in that way.

Line 26, proposed new subsection 119AA(3), omit "granted under subsection 139H(1)", substitute "under subsection 217(1)".

Amendment 2 amends clause 5 to incorporate public places as well as public streets in the proposal to make clear to the public that areas such as car parks are off limits for offences under proposed new section 119. Amendment 3 amends clause 5 to make clear that the legislation is aimed at trials, testing maximum speed or acceleration. Amendment 4 amends clause 5 to transfer the job of granting and refusing permits from the chief police officer to the Registrar of Motor Vehicles. This is consistent with the findings of the committee inquiry.

Amendment 5 removes the word "knowingly" from clause 5. It is a consequential amendment. Amendment 10 inserts a proposed new subsection which makes a non-deliberate burnout a defence against prosecution, so the word "knowingly" is no longer required. Amendment 6 amends clause 5 to incorporate public places as public streets, to make clear to the public that areas such as car parks are off limits for burnouts and are offences under section 119AA. Amendment 7 removes "knowingly" from clause 5 and, as I said before, amendment 10 inserts a proposed new subsection which is a defence against prosecution for non-deliberate burnouts.

Amendment 8 is similar to amendment 6, incorporating public places as well as public streets. It makes clear that areas such as car parks are also off limits for burnouts under section 119AA. Amendment 9 amends clause 5 by omitting the substances listed and substituting the prohibited substances defined in amendment 1. Amendment 10 inserts a new subsection which makes a non-deliberate burnout a defence against prosecution. Amendment 11 transfers the job of granting and refusing permits from the chief police officer to the Registrar of Motor Vehicles, consistent with the findings of the committee inquiry.

Amendments agreed to.

Clause, as amended, agreed to.

Clause 6

MR RUGENDYKE (11.58): Mr Speaker, I ask for leave to move together amendments 12 to 17 in my name.

Leave granted.

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