Page 3596 - Week 11 - Thursday, 22 September 2005
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This is offensive to me as a member of the Liberal Party. It has long been Liberal Party policy in the ACT that we would not have penalty-making provisions in subordinate legislation. I know that there have been lapses of that in the past. This has been spoken about on a number of occasions by the scrutiny of bills committee. I think it was amongst the comments that were made in relation to this bill. It certainly was in relation to other legislation that we have debated this year.
I think that this is an inappropriate thing to do. There are enough penalties in this legislation as it is. It gives a bureaucrat to power to create an offence for which the penalty is currently $1,100. I think that that is unreasonable. Good legislators and people who are in favour of upholding the liberties of their citizens should oppose having such provisions in legislation and should support my amendment.
MR STANHOPE (Ginninderra—Chief Minister, Attorney-General, Minister for the Environment and Minister for Arts, Heritage and Indigenous Affairs, and Acting Minister for Education and Training) (5.09): Clause 113 of the bill enables the executive to make regulations that create minor offences of no more than 10 penalty units. This provision is quite common in ACT legislation. It is useful as it enables the government to address circumstances unforeseen at the time of the creation of the legislation that may be hindering the policy intent. The creation of offences and regulations usually carries a very low penalty threshold as it represents a delegation of the legislative power of the Assembly. The government considers it necessary to retain this provision and does not support the amendment.
Amendment negatived.
Clause 113 agreed to.
Clause 114 agreed to.
Clause 115.
MR STANHOPE (Ginninderra—Chief Minister, Attorney-General, Minister for the Environment and Minister for Arts, Heritage and Indigenous Affairs, and Acting Minister for Education and Training) (5.10): I move amendment No 32 circulated in my name [see schedule 3 at page 3619].
Amendment agreed to.
Clause 115, as amended, agreed to.
Clause 116.
MR STANHOPE (Ginninderra—Chief Minister, Attorney-General, Minister for the Environment and Minister for Arts, Heritage and Indigenous Affairs, and Acting Minister for Education and Training) (5.11): I move amendment No 33 circulated in my name [see schedule 3 at page 3619].
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