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Legislative Assembly for the ACT: 1999 Week 1 Hansard (8 December) . . Page.. 3974 ..
MR HARGREAVES (12.00): Mr Speaker, I move:
Page 6, line 5, proposed new subparagraph 139J(1)(b)(ii), omit the subparagraph, substitute the following new subparagraph:
"(ii) if the court specifies another period of disqualification-the other period; or".
Mr Speaker, we had this argument yesterday, so I will not go over old ground too much. Essentially, we are seeking with this amendment not to restrict the court as to the length of the disqualification. That is merely what we are seeking to do. We support absolutely section 139J as proposed by Mr Rugendyke. We support subparagraph (i), which relates to a period of disqualification not exceeding 12 months, and we support subparagraph (iii), which says that if the person is already disqualified, the disqualification shall be for a further period specified by the court. We figure that in the middle of that the court would be still involved and would know the seriousness or otherwise of the matter.
Mr Speaker, all we are saying here through our amendment is that, if the court specifies another period of disqualification, the other period shall prevail. In other words, we are giving the court the flexibility to decide on each case. The Bill says that, if the court specifies a longer period of disqualification, the longer period shall prevail. We believe that it is directly for the court and that this amendment is necessary. We believe that there are plenty of discretions here for the court and that we ought to leave it to the discretion of the court.
Amendment negatived.
MR RUGENDYKE (12.02): Mr Speaker, I move:
Page 6, line 10, proposed new subsection 139J, after proposed new subsection (2), insert the following new subsection:
"(1) For this section-
(a) a person who is convicted, or found guilty, of an offence against section 19 or 19AA (the current offence ) is a repeat offender in relation to the current offence if the person has been convicted, or found guilty, of an offence against section 19 or 19AA within 5 years before being convicted, or found guilty, of the current offence; and
(b) a person who is convicted, or found guilty, of an offence against section 19 or 19AA is a first offender in relation to the offence if the person is not a repeat offender in relation to the offence.".
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