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Legislative Assembly for the ACT: 2001 Week 8 Hansard (9 August) . . Page.. 2798 ..

MS TUCKER (continuing):

appropriate that we ensure that some coherent record is kept and some review and analysis of the impact of these new powers is made.

MR STEFANIAK (Minister for Education and Attorney-General) (12.11 am): We oppose the amendment on the same basis as before. Ms Tucker's restricting of the powers so much is also a factor here. But we oppose the amendment for the same operational reasons as those in respect of the move-on powers. It is unduly restrictive.

Amendment negatived.

Clause 16, as amended, agreed to.

Clause 17 agreed to.

Clauses 18 and 19, by leave, taken together.

MR STANHOPE (Leader of the Opposition) (12.12 am): The Labor Party will oppose clause 18, to be consistent with the amendments made to clause 16, which reflects the existing section 349T, except for the amendment made by Mr Osborne. The point I made before was that my amendment to clause 16 was based on the existing section 349T, which talks about a police officer suspecting. This clause should be opposed in order to maintain consistency with new section 349SA, which reflects existing section 349T. It is important, therefore, that this clause be opposed to maintain consistency.

MR STEFANIAK (Minister for Education and Attorney-General) (12.14 am): I am advised that if you want to be consistent, Mr Stanhope, you need to insert at the end of 349T (1) (a) in the existing act "or a thing stolen or otherwise unlawfully obtained". Is that right, Michael?

Mr Moore: Yes.

MR STEFANIAK: Accordingly, I move the amendment circulating in my name. [see schedule 5, part 2, at page 2879].

MR SPEAKER: Order! What are we planning to do?

MR STEFANIAK: I am moving that amendment.

MR SPEAKER: It has to be circulated.

Mr Osborne: What are you amending?

MR STEFANIAK: This is to be consistent with what we amended before. I have to move that to what Mr Stanhope is doing. He is deleting my section 349T (1)-

Mr Osborne: And putting his one in?

MR STEFANIAK: No. It reverts back to the old one. The old one needs to be amended.

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