Page 4117 - Week 12 - Tuesday, 22 October 2019
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MR RAMSAY: Clearly the Criminal Code continues to apply in the ACT, as it has in previous years when there has been the SCON regime as well, and for a number of years we have had the situation where the commonwealth law and the ACT law have sat side by side. That continues to be the case.
There has been a range of legal views that have been expressed in relation to the commonwealth Criminal Code and the federal Attorney-General has formed one of those views. It is not the view that has been expressed by the commonwealth DPP in her initial advice to us, nor is it the view that has been expressed by our advisers, nor is it the view that has been expressed by an ANU law professor today.
We understand that the federal Attorney-General has reached a different view. With respect, I understand that he has a different view. It is a different view from the view of the government.
MS LEE: Attorney-General, can you point to the “positive basis in law” that would give rise to the defences under section 313 of the commonwealth Criminal Code?
MR RAMSAY: I thank Ms Lee for the supplementary question. Noting my previous answer, which was that the view of the commonwealth Attorney-General is not necessarily the view that is held by the government, the premise of her question does tend to fall away. I do note that the particular case that was relied on as the potential precedent for the requirement for there to be a positive element in the defence was a taxation matter that had nothing to do with drug dependency. So it is clearly not an established matter that that view of the federal Attorney-General is accurate.
MR HANSON: Attorney-General, can you provide the proof or evidence that you are relying upon that will actually prevent a person from being charged under commonwealth laws?
MR RAMSAY: I have never said that there will be something that will prevent a person being charged under commonwealth laws.
Transport—active travel
MS CHEYNE: My question is to the Minister for Roads and Active Travel. Minister, what investments is the government making to ensure that Canberrans can keep moving around our city quickly?
MR STEEL: I thank Ms Cheyne for her question, noting her interest in our government’s very significant infrastructure investments that are helping to keep Canberrans moving. We are committed to ensuring that Canberrans can get around our city safely and efficiently no matter what type of transport they use.
We have seen significant increases in patronage under our new transport network, and I have announced the recruitment of additional bus drivers and the purchase of new buses to make sure that our transport system continues to grow. We are committed to expanding our city-wide light rail network to expand the benefits and successes that we have seen with stage 1.
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