Territory Stories

Debates Day 3 - Thursday 21 October 1993



Debates Day 3 - Thursday 21 October 1993

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Parliamentary Record 21


Debates for 6th Assembly 1990 - 1994; ParliamentNT; Parliamentary Record; 6th Assembly 1990 - 1994




Made available by the Legislative Assembly of the Northern Territory





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Legislative Assembly of the Northern Territory

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Attribution International 4.0 (CC BY 4.0)

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Legislative Assembly of the Northern Territory



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DEBATES - Thursday 21 October 1993 Mr Manzie interjecting. Mr BELL: Don't interject. You were not prepared to get on your feet and talk about it so don't interject now, boy! Members interjecting. Mr FINCH: A point of order, Mr Speaker! The member for MacDonnell knows that he should address his questions through the Chair and that he should address honourable members by their correct titles. Mr SPEAKER: I would ask the member for MacDonnell to take that into consideration. Honourable members should be referred to as honourable members and not as boys, lads or whatever. Mr BELL: Section 27 of the Criminal Code refers to circumstances in which the use of force is justified. The Attorney-General has ignored that point totally. Secondly, on the basis of what the Attorney-General has told us, this amendment increases dramatically the power of citizen's arrest beyond what it was before the Criminal Code was enacted. I note new section 44l(7) and the exclusion of instruments of a legislative or administrative character. I note the definition of that in the interpretation amendment. I point out that this may very well provide a citizen's power of arrest for relatively minor offences against the Traffic Act. Subsection (7) probably excludes offences under the traffic regulations, but it is likely that this bill includes a citizen's power of arrest for what can be relatively minor traffic offences. That relates to the meaning of 'offence' in the Criminal Code and section 3 of the code includes as offences crimes, simple offences and regulatory offences. Thus, we are giving a power to citizens, and an encouragement thereby, not only to act in the type of circumstances that I outlined in my second-reading speech but also in relation to relatively minor offences. Coming down to the politics of this, obviously the Attorney-General and perhaps the member for Katherine and the backbenchers will try to represent the opposition to the community as having been opposed to a citizen's power of arrest. I want to make it quite clear that we support the principle of a citizen's power of arrest. Mr PALMER: A point of order, Mr Speaker! I am interested in the member for MacDonnell's contribution to this debate and there is too much chatter across the Chamber for me to hear adequately what he has to say. Mr SPEAKER: The member for Karama has a very valid point. Members on both sides of the Chamber are speaking among themselves. The member for MacDonnell is making a very important contribution to the third reading. Mr BELL: I will be brief, Mr Speaker. If the Attorney-General or any other government member goes out and represents . . . Mr REED: A point of order, Mr Speaker! The member for MacDonnell is supposed to be addressing matters pertaining to the third reading rather than making assumptions as to what I or the Attorney-General might say publicly. He should keep to the point. 10 241

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