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CRIMES AMENDMENT BILL 1981

Order of the Day read for the adjourned debate on the Question--That this Bill be now read a second time.

Debate resumed.

Question--put and passed.

Bill read a second time.

The Senate, according to Order, resolved itself into Committee for the consideration of the Bill.

In the Committee

Bill, by leave, taken as a whole.

Senator Evans, by leave, moved the following amendments together:

Page 4, clause 6, sub-clause (1), after paragraph (c), add the following new paragraph:

""(d) by adding at the end thereof the following sub-section:

"(3) This section has effect subject to section 18C.' ''.

Page 5, clause 7, sub-clause (1), proposed new section 18B, sub-section (5), line 18, at beginning of proposed sub-section, insert ""Subject to section 18C,''.

Page 5, clause 7, after sub-clause (2), add the following new sub-clause:

""(3) The Principal Act is amended by inserting after section 18B the following section:

Enforcement of orders for imprisonment "18C. (1) In this section, ""fine'' includes pecuniary penalty, costs or other amount of money ordered to be paid.

"(2) An order awarding imprisonment in default of payment of a fine ordered to be paid by an offender (being an offender against a law of the Commonwealth) shall not be carried out unless the court by or before which the offender was convicted directs that the order for imprisonment be carried out.

"(3) The court shall not give a direction under sub-section (1) unless it is satisfied that the offender had the means to pay the fine and wilfully refused to pay it.

"(4) Where the court is satisfied that the failure of an offender to pay a fine was not wilful or was, having regard to the financial circumstances of the offender, not unreasonable, the court may make one or more of the following orders:

(a) an order reducing the amount of the fine;

(b) an order giving the offender time, or further time, within which to pay the fine;

(c) an order awarding any other available punishment, not being an order for imprisonment, in lieu of the fine.

"(5) An application for a direction under sub-section (2) may be made by the person who was the prosecutor in respect of the offence of which the offender was convicted or, by leave of the court, by another person.

"(6) The several courts of the States are by this section invested with federal jurisdiction, and jurisdiction is by this section conferred on the several federal courts and courts of the Territories, to hear and determine applications under this section.'.''.

Debate ensued.

Question--That the amendments be agreed to--put and passed.

Senator Evans, by leave, moved the following amendments together:

Page 8, clause 9, sub-clause (1), proposed new section 19B, sub-section (1), paragraph (d), sub-paragraph (i), line 11, leave out ""3 years'', insert ""12 months''.

Page 9, clause 9, sub-clause (1), proposed new section 20, sub-section (1), paragraph (a), sub-paragraph (i), line 20, leave out ""5'', insert ""2''.

Debate ensued.

Question--That the amendments be agreed to--put and negatived.

On the motion of Senator Evans the following amendment was agreed to:

Page 13, clause 9, sub-clause (1), proposed new section 20AA, sub-section (1), lines 2 to 6, leave out the proposed sub-section, insert the following sub-section:

""(1) Where a person has entered into a recognizance in pursuance of an order made under sub-section 19B (1) or 20 (1), an authorized person, the person who entered into the recognizance, a surety for the last-mentioned person or, where a condition of the order is that the person will be subject to the supervision of a probation officer appointed in accordance with the order, the probation officer so appointed, may apply to the court by which the order was made for the discharge of the recognizance or for a variation of its terms.".

Bill, as amended, agreed to.

Bill to be reported with amendments.

The Deputy-President (Senator McClelland) resumed the Chair; and the Temporary Chairman of Committees (Senator Mulvihill) reported accordingly.

On the motion of the Attorney-General (Senator Durack) the Report from the Committee was adopted, and the Bill read a third time.