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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2013-10-31 Daily Xml
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STATUTES AMENDMENT (ARREST PROCEDURES AND BAIL) BILL

Second Reading

Adjourned debate on second reading.

(Continued from 29 October 2013.)

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for the Status of Women, Minister for State/Local Government Relations) (17:18): I do not believe there are any further second reading contributions in relation to this bill. I thank honourable members for their contributions. The core proposal of this bill is to achieve greater efficiencies in the bail process by amendments to the Bail Act 1985 and the Summary Offences Act 1953, and to clarify some ambiguities in the Bail Act 1985 that have led to some variations in court practice.

This legislation will have benefits for police and community alike, and I am advised that further amendments are being filed in this place by the Hon. Stephen Wade. I understand the government will be supporting these amendments during the committee stage, just so he knows in advance and can prepare his debate notes accordingly.

Bill read a second time.

Committee Stage

In committee.

Clause 1.

The Hon. S.G. WADE: I need to correct the record. In my comments on Tuesday, I informed the house that the police officer who had carriage of this bill had been working on it for seven years. I am advised that, in fact, he has been working on it for eight years.

Clause passed.

Clauses 2 to 8 passed.

Clause 9.

The Hon. S.G. WADE: I move:

Amendment No 1 [Wade-1]—

Page 5, line 10 [clause 9, inserted section 13(6), definition of remote area, (a)]—Delete '400' and substitute '200'

I choose to be brief in addressing this amendment, but for the sake of the record and my mother, who often reads Hansard, I indicate that this amendment proposes to change the definition of 'remote area' from 400 kilometres between a police station or designated facility and a Youth Court or Magistrates Court, as the case requires, to 200 kilometres from the relevant court.

Consultation with the Law Society indicated its view that the current definition of '400 kilometres' was too great a distance and does not encompass highly populated areas of country South Australia, such as Ceduna, Roxby Downs and Leigh Creek. Coober Pedy is the largest population centre that comes within the current definition of the remote area. This amendment supports the intent that there will be greater utilisation of technology, and we trust that it will be of benefit to citizens, police and the courts. I thank the government for the indication of its support, and I urge honourable members to support the amendment.

The Hon. G.E. GAGO: I indicate that the government supports this amendment which changes the definition of 'remote area' by changing the distance from 400 kilometres to 200 kilometres when allowing for bail applications to be made by audio link. The amendment is supported as it is going to allow additional people arrested and refused bail in remote locations to be able to make a bail application by audio link without having to come before the court or a police station, thereby saving time and resources. For those reasons, we support this amendment.

Amendment carried; clause as amended passed.

Clause 10.

The Hon. S.G. WADE: I move:

Amendment No 2 [Wade-1]—

Page 7, line 7 [clause 10, inserted section 15(8), definition of remote area, (a)]—Delete '400' and substitute '200'

I would suggest that this amendment is consequential.

The Hon. G.E. GAGO: This amendment is consequential.

Amendment carried; clause as amended passed.

Remaining clauses (11 to 17), schedule and title passed.

Bill reported with amendment.

Third Reading

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for the Status of Women, Minister for State/Local Government Relations) (17:24): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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