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Legislative Assembly for the ACT: 2001 Week 8 Hansard (9 August) . . Page.. 2811 ..

The Assembly voted-

	Ayes, 9  			Noes, 8

 Mrs Burke  	Mr Osborne  	Mr Berry  	Mr Stanhope
 Mr Cornwell  	Mr Rugendyke  	Mr Corbell  	Ms Tucker
 Mr Hird  	Mr Smyth  	Mr Hargreaves  	Mr Wood
 Mr Humphries  	Mr Stefaniak  	Mr Moore  
 Mr Kaine    			Mr Quinlan
Question so resolved in the affirmative.

Clause 26 agreed to.

Clause 27.

MR STEFANIAK (Minister for Education and Attorney-General) (1.29 am): I seek leave to move the amendment circulated in my name to delete 4 (c) and 4 (d).

Leave granted.

MR STEFANIAK: I move the amendment [see schedule 5, part 4, at page 2880].

Amendment agreed to.

Clause 27, as amended, agreed to.

Clauses 28 to 37, by leave, taken together and agreed to.

Proposed new clause 37A.

MR STEFANIAK (Minister for Education and Attorney-General) (1.31 am): I move the amendment circulated in my name to insert new clause 37A [see schedule 5, part 1, at page 2875].

The amendment, which increases the maximum penalty for the offence of indecent exposure, has been moved because of the comments by the Chief Magistrate, Ron Cahill, that the existing maximum penalty does not reflect the criminality involved in some of the cases which come before the courts, and should include the option of imprisonment in serious cases.

Members should be aware that the range of behaviour which is caught by the offence of indecent exposure goes well beyond mere flashing or streaking across a sporting field. The case which prompted the Chief Magistrate's comments involved a man charged with masturbating in a public park in front of unaccompanied women and following those women for some distance, which was very traumatic for the victims concerned.

The court did not have the option of imposing a custodial sentence in this case. Mr Cahill wanted to impose a suspended sentence, I think, to reflect the gravity of the offence but was constrained by the fact that merely a fine could be imposed. I would

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