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Tuesday, 17 November 1959

Sir GARFIELD BARWICK (Parramatta) (AttorneyGeneral) . - I will answer the honorable member for Lang (Mr. Stewart) first. The operative word in the definition is " punishable ". An offence punishable by fine or imprisonment would not qualify as a crime. It must be a crime punishable by imprisonment.

Dr Evatt - By imprisonment only?

Sir GARFIELD BARWICK - Yes. A person may have been convicted of an offence which did not, in the first instance, carry a sentence of imprisonment. That person may have failed to pay the fine originally imposed, and have gone to jail as a consequence. It was thought that such cases should be excluded.

Mr Galvin - There was a recent case in Canberra in which a person was sent to gaol for dangerous driving.

Sir GARFIELD BARWICK - But the intention of this provision was to confine crime as mentioned in clause 27 (g) to crimes punishable by terms of imprisonment, and not by imprisonment in the alternative, for failure to pay a fine.

Mr Wentworth - What about concurrent sentences?

Sir GARFIELD BARWICK - The concurrent sentences are added together, because clause 27 (g) refers to sentences in the aggregate.

Amendment agreed to.

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