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Legislative Assembly for the ACT: 2000 Week 5 Hansard (9 May) . . Page.. 1242 ..

MR HUMPHRIES (continuing):

will necessitate a number of consequential amendments to other acts to amend references in those acts to the provisions that have been transferred. Consequential amendments form the major part of the government amendments to the schedule.

I note that, as a result of the government bringing forward the amendments to part 12AA which it took to the Assembly last year, Mr Stanhope is taking the opportunity to move again his amendments which sought to restrict the use of closed-circuit television. Members may or may not wish to have a fresh debate about those matters in the Assembly today.

In relation to the second matter, members may be aware that the High Court has considered an appeal by Alan Bond against his sentence for offences under the Corporations Law. That appeal has been upheld. The appeal was based on a decision of the High Court last year in relation to the interjurisdictional arrangements between states and the Commonwealth for prosecuting offences. The decision gave a very narrow interpretation to the concept of prosecution which resulted in a finding that the prosecutor in that case could not appeal against the sentence handed down in relation to the offences that had been prosecuted.

The decision the High Court has made clearly puts in serious doubt, if not totally invalidates, arrangements for interjurisdictional intervention in appeal processes. The ACT Director of Public Prosecutions has arrangements in place to conduct certain Commonwealth prosecutions on an agency basis. Those arrangements may be affected by the very limited definition of prosecution given by the High Court, and it is appropriate to ensure that there are sufficient powers in relation to Commonwealth offences so that the ACT Director of Public Prosecutions and his staff can prosecute appropriately and effectively in those circumstances. The government amendments to the schedule therefore include amendments to ensure that the DPP and his staff can deal with appeals against sentences and orders for review in relation to the Commonwealth offences which they can prosecute.

That is the effect of the government amendments. They are quite long amendments, but they cover just those two matters. I would commend them to the house on that basis.

Amendments agreed to.

Amendment (by Mr Humphries ) proposed:

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