Page 1352 - Week 05 - Thursday, 31 May 2007
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
The argument for this amendment is similar to the one I just gave for amendment No 7. My amendment seeks to omit the phrase “considers appropriate” and substitute “considers, on reasonable grounds, to be appropriate”, and the same reasons apply.
MR CORBELL (Molonglo—Attorney-General, Minister for Police and Emergency Services) (6.11): The government agrees with and will support this amendment, although it is unclear why it is felt to be necessary to amend a provision that is about the administration of things already belonging to the territory. Clause 129 (1) enables the chief executive to decide on reasonable grounds to forfeit something to the territory after reasonable inquiries and efforts are made to establish an owner of the thing or to say that the thing is prohibited or unsafe.
In terms of the potential for a person’s property rights to be affected, the critical power is foreshadowed in clause 129 (1). Clause 129 (1) is the power that would forfeit property to the territory on reasonable grounds. Clause 129 (2) does not affect property rights as it is a discretion in relation to property already belonging to the territory. Once things are forfeited on reasonable grounds in clause 129 (1), they belong to the territory. Clause 129 (2) gives the chief executive a power to do something with the forfeited thing. It is expected that the thing would be disposed of in an appropriate way. Given that the power in clause 129 (2) affects no one but the territory itself, the government is prepared to support the amendment.
Amendment agreed to.
Clause 129, as amended, agreed to.
Remainder of bill, by leave, taken as a whole.
MR CORBELL (Molonglo—Attorney-General, Minister for Police and Emergency Services) (6.13): Mr Speaker, I seek leave to move together amendments Nos 2 to 7 circulated in my name together.
Leave granted.
MR CORBELL (Molonglo—Attorney-General, Minister for Police and Emergency Services) (6.13): I move amendments Nos 2 to 7 circulated in my name together [see schedule 1 at page 1359].
Speaking to the remainder of these amendments together, government amendment No 2 is in relation to clause 506. Clause 506 links the transitional provisions of this bill to chapter 17 of the Crimes (Sentence Administration) Act 2005, which provides transitional arrangements to enable existing custodial laws to apply until the Corrections Management Act commences. This government amendment extends the existence of this transitional provision for two years. Extending this time will assist in any future interpretation or clarification of the law that applied during the operation of the transitional provisions.
Government amendment No 3 deals with clause 507 (4). Clause 507 (4) currently recites section 88 of the Legislation Act 2001. Section 88 ensures that any transitional laws that have been made and are later repealed can still be used in circumstances
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .