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Legislative Assembly for the ACT: 2002 Week 14 Hansard (12 December) . . Page.. 4374 ..

MR QUINLAN (continuing):

Payroll Tax Act 1987 to specify how payroll tax is to apply to government business enterprises; and amend part 5 of the Territory Owned Corporations Act 1990, which deals with income tax equivalents and including the requirement of government corporations to pay wholesale tax equivalents which no longer operates.

While the legislation is retrospective, as the commencement date is 1 July 2002, the territory agencies affected by the tax arrangements were notified in May and June of this year of the intended revised tax liability arrangements. This bill will provide a clear and consistent regime to determine and administer the application of tax equivalents to ACT government businesses and ensure our commitment to a fair, equitable and competitively neutral framework for government and private business.

I commend the bill to the Assembly.

Debate (on motion by Mr Smyth ) adjourned to the next sitting.

Community Based Sentences (Transfer) Bill 2002

Mr Quinlan , pursuant to notice, presented the bill and its explanatory memorandum.

Title read by Clerk.

MR QUINLAN (Treasurer, Minister for Economic Development, Business and Tourism, Minister for Sport, Racing and Gaming and Minister for Police, Emergency Services and Corrections) (11.06): I move:

That this bill be agreed to in principle.

Mr Speaker, this bill establishes a scheme that will be trialled with one other jurisdiction for the transfer, registration and enforcement of community-based sentences between jurisdictions. Following the completion of a short trial, evaluation of the scheme and subsequent discussion and agreement by jurisdictions, similar legislation will be enacted in each Australian state and territory. The ACT has carriage of this project and will participate in the trial of the legislation with New South Wales.

The scheme allows for the formal transfer of the supervision and administration of community-based sentences from one jurisdiction to another, with the voluntary consent of the particular offender. The orders that will be affected by the scheme in this jurisdiction are community service orders, recognisances, home detention orders, and periodic detention orders.

The project of developing legislation suitable for the formal reciprocal transfer and enforcement of community-based sentences between jurisdictions has been ongoing since 1996. Since that time, ACT Corrective Services has worked in close consultation with members of a working group comprised of representatives of each Australian state and territory, other relevant agencies and the ACT Parliamentary Counsel's Office on the development of a suitable legislative model.

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