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Legislative Assembly for the ACT: 2004 Week 09 Hansard (Tuesday, 17 August 2004) . . Page.. 3752 ..

Question put:

That this bill be agreed to in principle.

The Assembly voted—

Question so resolved in the affirmative.

Bill agreed to in principle.

Detail stage

Bill, by leave, taken as a whole.

MR STANHOPE (Chief Minister, Attorney-General, Minister for Environment and Minister for Community Affairs) (5.45): I seek leave to move amendments Nos 1 and 2 circulated in my name together.

Leave granted.

MR STANHOPE: I move amendments Nos 1 and 2 circulated in my name together [see schedule 1 at page 3802]. I present a table of supplementary explanatory statements to the amendments.

Mr Deputy Speaker, amendment 1 is a minor amendment to relocate the regulation-making power under the Criminal Code from chapter 5 to chapter 8 so that in accordance with usual practice the power will appear at the end of the code.

Amendment 2 is a transitional provision that clarifies the law that applies in cases where there’s uncertainty about whether alleged criminal conduct occurred when the repealed offences of the new chapter 6 offences were in force. The amendment provides in effect that if the jury or judge sitting alone is satisfied that the relevant conduct happened but is not satisfied about when it happened the conduct is taken to have occurred when the repealed law was in force. This will ensure that a prosecution will not fail on a technicality and since the repealed law is deemed to apply there’s no retrospectivity. The section will expire after five years.

Amendments agreed to.

MR STEFANIAK (5.46): I move the amendment standing in my name, Mr Speaker, which is one amendment to schedule 1, page 45, line 22 [see schedule 2 at page 3803].

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