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Legislative Assembly for the ACT: 2001 Week 8 Hansard (9 August) . . Page.. 2796 ..

MR STEFANIAK (Minister for Education and Attorney-General) (11.57): I do not want to be a killjoy, but Mr Stanhope's amendment has a series of "ands" after the subsections and this one does not. I do not know if that is something the clerks can rectify at the end. It becomes a bit unworkable when it has got "and", "and", "and". I think that can be corrected by the clerks.

Mr Moore's amendment agreed to.

MR OSBORNE (11.58): I move the amendment circulated in my name to Mr Stanhope's amendment. It inserts the following new subclause (d):

or a thing stolen or otherwise unlawfully obtained

MR KAINE (11.58): I have Mr Osborne's amendment in front of me. I think the thing will read in quite a strange fashion if we do what he has asked us to do. It seems to me that those words would have to be added to the end of paragraph (1) (a). It would then read:

... that a person is carrying, or otherwise has in his or her possession a thing ... relevant to an indictable offence ... or a thing stolen or otherwise unlawfully obtained.

It has to go in there to make sense. If you stick it on the bottom as paragraph (d), it reads in rather a strange fashion.

MR STEFANIAK (Minister for Education and Attorney-General) (11.59): I think Mr Kaine is right. It should read:

... that a person is carrying, or otherwise has in his or her possession a thing (the relevant thing ) relevant to an indictable offence ... or a thing stolen or otherwise unlawfully obtained.

I think that is what Mr Kaine is saying, and that is how I am told the Clerk says it should read.

MR OSBORNE (11.59): I move the amendment which will be circulated in my name [see schedule 8 at page 2884].

It now inserts the following words at the end of paragraph (1) (a): "or a thing stolen or otherwise unlawfully obtained".

Mr Osborne's amendment agreed to.

Friday 10 August 2001

Mr Stanhope's amendment, as amended agreed to.

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