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Wednesday, 11 September 1996
Page: 3245


Senator MARGETTS(12.12 p.m.) —I hear what Senator Collins is saying. Amendment 5 omits `imprisonment for not more than six months' and substitutes `a fine not exceeding 25 penalty units', but amendment 4—schedule 1, item 50—omits `imprisonment for five years' and substitutes `200 penalty units'. It is my understanding, and I need to check this, that `200 penalty units'—and it does not mention the word `fine'—does not actually preclude the imprisonment option for the magistrate or the court.


Senator Bob Collins —Yes, it does, with respect.


Senator MARGETTS —Penalty units per se do not necessarily preclude the option of imprisonment. Section 5 says `a fine not exceeding 25 penalty units', but if you look carefully at amendment 4 it does not mention the word `fine'. It says `substitute 200 penalty units'. I believe that leaves the option open to the court.