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Legislative Assembly for the ACT: 2000 Week 1 Hansard (16 February) . . Page.. 200 ..

MR BERRY (continuing):

dobbed himself in - that the people who do these sorts of things will think again about doing them. My word they will think again, and they will do it in a way that they will not get caught.

I can only offer anecdotal evidence. I happen to live in a place where I reckon I can hear just about every burnout in the district and I am still hearing them, and plenty of them, because young people and others who are inventive on these matters are finding ways and means of conducting their burnouts where they will not get caught. I would say to you that all you have done is created an oppressive law which does not work. The confiscation of cars is absolutely appalling. To suggest that that will solve the problem just demonstrates how ignorant you are of the behaviour of young people who might wish to do these sorts of things. I have always said that this law is appalling. It is oppressive, even to people who complain about burnouts.

I am one who gets aggravated by burnouts, but I have to say on the record here that I will not be reporting anybody who would have their car taken off them. That would be an absolutely outrageous thing to do because I do not believe in this law. This law is outrageous. To confiscate people's property for what is a minor noise offence and being sullen, I suspect, when crimes of far greater magnitude are punished with lesser penalties demonstrates the frailty of this law. Burnouts are of annoyance; there is no doubt about that. Burnouts are damned annoying and a public nuisance. It drives you mad if one happens out the front of your house at 4 o'clock in the morning. But to suggest that the car of a silly young person should be locked away as a result of a burnout is equally as stupid. I have to say that it is not going to improve relations between young people and the police. I fear that it will make them much worse and they will be highly suspicious of police motives, particularly where a car is confiscated on the grounds of suspicion. That is an appalling arrangement.

Mr Speaker, I have always said that the police had the opportunity to pinch motorists for various offences if they were caught carrying out this sort of activity. I think that there are environmental laws that could be brought into play. There are good arguments why this sort of noise and discharge of products would offend environmental principles. I know that the Motor Traffic Act makes it an offence for products which might be used to assist in burnouts to be thrown on the roads. I just think that the Government's knee-jerk reaction to this matter is appalling. It has been a quite predictable one, I would have to say, from this right-wing Government. It is a typical right-wing move to impose these sorts of penalties.

I do not resile from that for one minute, Mr Rugendyke. I find this law totally offensive. I hope that you are not offended by my strong language on it, but the law is uncalled for. Somebody will say that it is done in New South Wales, which does not do everything right, either.

Mr Rugendyke: Except that it is Labor government legislation.

MR BERRY: They do not do everything right, either.

Mr Rugendyke: They do this.

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