Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .

Legislative Assembly for the ACT: 2004 Week 10 Hansard (Thursday, 26 August 2004) . . Page.. 4408 ..

Leave granted.

MR STANHOPE: I move amendments 1 to 3 circulated in my name [see schedule 5 at page 4468]. I present a supplementary explanatory statement to the amendments.

MR SMYTH (Leader of the Opposition) (9.16): I seek leave to move together amendments 1 and 2 circulated in my name.

Leave granted.

MR SMYTH: I move amendments 1 and 2 circulated in my name [see schedule 6 at page 4469].

I wish to make two apologies to members. I thought these amendment had been distributed earlier. Apparently they had not been, and I do apologise for that. The second is that the top line should read, “Amendments to be moved by Mr Smyth to amendments moved by Mr Stanhope.” The amendments simply remove the imprisonment part of the penalties. We believe that 50 penalty units is a strong enough penalty in this case. I am not aware of anybody ever having been jailed under the Auditor-General Act. Unless the Chief Minister can informs us to the contrary, I believe that a fine would be sufficient for these offences.

MR STANHOPE (Chief Minister, Attorney-General, Minister for Environment and Minister for Community Affairs) (9.17): Mr Speaker, I did not speak to my amendments and I wish to give some explanation as to those amendments. Amendment No 1 addresses issues raised by the scrutiny of bills committee. In its report on the bill, the committee noted that it considered the scope of proposed new section 32C (1) of the bill regarding directions about protected information was more limited than the manner in which it was described in the explanatory statement.

I am advised that the committee’s interpretation of proposed new section 32C (1) may be arguable, but this amendment puts the matter beyond doubt. Specifically, it ensures that the Auditor-General can issue a direction prohibiting or restricting the disclosure of certain information by someone other than a person who is exercising a function of the Auditor-General. That is the purpose or the intent behind amendment No 1.

Amendment No 2 is simply designed to ensure that the bill operates as intended. Proposed new sections 32C (4) and 32C (5) reframe proposed new section 32C (4) of the bill to make it clear that there are two distinct types of offences relating to disclosure information. Those two offences are an offence committed by a person who has received a direction and intentionally discloses information in contravention of the direction and an offence committed by a person other than the person who receives a direction but who knows that a direction has been given and intentionally discloses information in contravention of the direction.

Mr Speaker, I will not labour the point in relation to the penalty regime provided for in this bill. I would point again to the comments that I have already made. There is no need for me to repeat those. The government and the non-government members of the Assembly have a different view or perspective on the appropriateness of the penalty

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .