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Debates and Questions - Day 1 - 24 April 2020



Debates and Questions - Day 1 - 24 April 2020

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Parliamentary Record 27


Debates and Questions for 13th Assembly 2019 - 2020; ParliamentNT; Parliamentary Record; 13th Assembly 2016 - 2020




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Debates and Questions

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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DEBATES AND QUESTIONS Friday 24 April 2020 8363 Mrs FINOCCHIARO: If the infringement notice was not withdrawn before it was paid, the person cannot be prosecuted? Does it depend if it is under 113A or 188A or 189A? Ms FYLES: Would you mind repeating the question please? Mrs FINOCCHIARO: In your answer to me, you said that if the infringement had not been paid, the notice could be withdrawn and then a prosecution could follow. I was asking what happens if it has been paid. Ms FYLES: Police can withdraw the infringement if it has not been paid and charge the person with an offence. If the person had paid the fine, they would have to consider the facts before them and look at what other penalties they could potentially charge the person with. Mrs FINOCCHIARO: Does the infringement hinder the ability for someone to be charged under 113A, 188A or 189A? Ms FYLES: They are different options for police to utilise. Mrs FINOCCHIARO: Is it one option only? If a person is fined, is that the only penalty they can then receive? They cannot then be prosecuted afterwards? Ms FYLES: That is the pathway the police have chosen. If the person commits the offence, the infringement notice is issued and they have paid that infringement notice. There are a number of options for police and they would consider the facts before them. Mrs FINOCCHIARO: What are the consequences if a person does not pay the infringement notice? Ms FYLES: That would be as per any other infringement under the Fines and Penalties (Recovery) Act. Mrs FINOCCHIARO: The maximum fine under the new section 113A is 100 penalty units, or $15 700, but the on-the-spot fines are set at 35 penalty units which is $5495. What circumstances warrant the greater fine other than the 35 penalty unit infringement notice? Ms FYLES: If it goes to court, the court can impose the higher penalty. Mrs FINOCCHIARO: Does charging an offence under section 113A preclude other charges being brought under the Criminal Code Act? Ms FYLES: For the same conduct, yes. This is another option for the police and they will decide what is best with an incident such as this. Mrs FINOCCHIARO: How was the maximum penalty of 12 months imprisonment arrived at? Ms FYLES: That was in consultation with relevant stakeholders, including police and the NT Police Association. Clause 6 agreed to. Remainder of the bill, by leave, taken as a whole and agreed to. Ms FYLES (Health): Mr Acting Deputy Speaker, I move that the bill be now read a third time. Motion agreed to; bill read a third time. UTILITIES LEGISLATION AMENDMENT BILL 2020 (Serial 129) Ms MANISON (Treasurer): Mr Acting Deputy Speaker, I present a bill entitled Utilities Legislation Amendment Bill 2020 and table the explanatory statement and statement of compatibility with human rights. I move that the bill be now read a first time. The bill is an important part of the governments economic response to the COVID-19 pandemic. The swift action that the NT Government has taken to limit the spread of COVID-19 has seen the number of cases in