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Legislative Assembly for the ACT: 2004 Week 03 Hansard (Thursday, 11 March 2004) . . Page.. 1153 ..

Proposed new clause 44.

MR STEFANIAK (9.27): New clause 44 refers to offences to which a presumption against bail applies. Apart from what the Chief Minister has done in relation to murder, I would add the offences of intentionally inflicting grievous bodily harm, sexual assault in the first degree and second degree, sexual intercourse with a young person under 10, armed robbery and aggravated burglary. It also adds the supply, manufacture, et cetera of the most serious drugs. I reiterate all the perfectly sane, sensible, logical arguments on behalf of the community that I made earlier. I formally move amendment No. 8 standing in my name [see schedule 6 at page 1189]. I commend the amendment to the Assembly. You will also see offences against the Drugs of Dependence Act and offences against the Customs Act. Those are the offences in relation to possession, supply and manufacture of serious drugs. Those are the offences where, in recommendation 8 of the Law Reform Commission’s report No 19, the commission felt there should be a presumption against bail. These amendments will give effect to the Law Reform Commission’s recommendations.

Question put:

That Mr Stefaniak’s amendment No 8 be agreed to.

The Assembly voted—

Question so resolved in the negative.

Amendment negatived.

Schedule 1.

MR STANHOPE (Chief Minister, Attorney-General, Minister for Environment and Minister for Community Affairs) (9.33): I move amendment No 8 circulated in my name [see schedule 5 at page 1187]. Amendment No 8 updates the definition of “offence” in light of the government’s amendment to specify that punitive orders are contemplated by the Bail Act 1992. The amendment replaces the reference to periodic detention orders with a reference to all punitive orders mentioned in government amendment 3.

Amendment agreed to.

Schedule 1, as amended, agreed to.

Schedule 2 agreed to.

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