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Legislative Assembly for the ACT: 2000 Week 1 Hansard (17 February) . . Page.. 293 ..

MR SMYTH (continuing):

1. The Government's response to each of the recommendations of the Standing Committee is as follows:

1. The committee recommends that the Motor Traffic (Amendment) Bill (No.4) proceed but with amendments incorporating the following:

The definition of burnout be in line with that used in the NSW legislation

The approvals process (for an approved event) be simplified in line with the amendments moved by the Minister for Urban Services

The officer approving an otherwise prohibited activity be the Registrar of Motor Vehicles rather than the chief police officer

That, before approving an event, the Registrar be required to liaise with the chief police officer and with those citizens likely to be immediately affected by the event (such as residents living adjacent to the area where the event is to take place)

That the legislation provide for the Administrative Appeals Tribunal to review a refusal by the Registrar or the imposition of a condition on such an approval

That the legislation clearly identify the conduct in respect of which a permit can be sought; and that it also clearly identify any approved exemptions from other provisions of the Motor Traffic Act

That the use of any 'substance', liquid or lubricant used in conjunction with prohibited conduct attract an increased penalty

Provision be made for police to be held liable for theft of an offending vehicle id their negligence contributed to the theft

that the penalties for prohibited conduct be graduated, being greater where the conduct is a repeat offence and/or where it endangers the public; and that, following on from this point, that the prosecution be permitted to give details of the severity of an offence to the magistrate.

that in relation to alleged offences, the legislation provide for the use in court of sworn statements by the public.

2. Agreed. The Government notes that the changes to the Bill proposed by the Committee (Recommendation 1) were incorporated in the Motor Traffic (Amendment) Act (No.3) 1999 which was passed by the Assembly on 8 December 1999 and gazetted on 23 December 1999.

2. The committee recommends that an extensive education campaign accompany the introduction of the Motor Traffic (Amendment) Bill (No.4). The campaign should aim to widely publicise the provisions of the amending Bill.

3. Agreed. The Government notes that the passage of the burnouts amendments attracted considerable media attention. The Australian Federal

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