Page 5334 - Week 12 - Thursday, 28 October 2010
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Proposed new amendment 1.30A.
MRS DUNNE (Ginninderra) (4.57): I move amendment No 6 circulated in my name [see schedule 2 at page 5352].
This amendment inserts new amendment 1.30A. It is the third in the series of amendments that sets in place a new approach to dealing with the confiscation of illegal identification documents.
Proposed new amendment 1.30A agreed to.
Proposed new amendment 1.30B.
MRS DUNNE (Ginninderra) (4.58): I move amendment No 7 circulated in my name which inserts new amendment 1.30B [see schedule 2 at page 5352].
This amendment omits the now redundant subsections 124(6) and (7) of the act, which Mr Rattenbury recently referred to. Subsection (6) creates a strict liability offence if a record is not made of a seized identification document. Seizing an identification document is now a matter that is caught by the requirements to record the details in the incident register. And section 131 sets out the information that must be recorded in the incident register, now including the date and time of seizure and the date at which the document was given to the commissioner.
Section 132 provides a strict liability offence for failure to keep an incident register. So recording the information about the seizure of documents is now covered by that strict liability offence. Therefore, given the provisions relating to the incident register, the need to maintain any separate or additional record for the seizure of an identification document becomes redundant.
Section 124(7), which this amendment also omits, creates another strict liability offence if the record keeping under subsection 124(6) is not kept at the premises for at least two years. This subsection becomes redundant if section 124(6) is omitted.
I commend the amendments to the Assembly.
Proposed new amendment 1.30B agreed to.
Amendments 1.31 and 1.34, by leave, taken together and agreed to.
Proposed new amendments 1.34A and 1.34B.
MRS DUNNE (Ginninderra) (5.00), by leave: I move amendments Nos 8 and 9 circulated in my name together [see schedule 2 at page 5353]. These amendments insert new amendments 134A and 134B.
These are the rest of the package. This amendment includes the seizure of false identification documents in the definition of an incident. It is necessary because my
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