Gangs Bill - Amendment paper No 111
Gangs Bill - Amendment paper No 111
No 111
House of Representatives
Amendment Paper
Gangs Bill
Proposed amendment
Hon Paul Goldsmith, in Committee, to move the following amendment:
Clause 4
In clause 4, replace the definition of public place (page 5, lines 17 to 30) with:
public place has the meaning given by section 2(1) and (2) of the Summary Offences Act 1981, but does not include—
(a)
any publicly accessible online place (for example, an internet site or an online application or similar):
(b)
for the purposes of Part 2 or subpart 1 of Part 3, the parliamentary precincts (within the meaning of section 3 of the Parliamentary Service Act 2000)
Explanatory note
This Amendment Paper further amends the Gangs Bill to replace the definition of public place in clause 4 with a new definition that provides that the term has the meaning given by section 2(1) and (2) of the Summary Offences Act 1981 (the 1981 Act), but does not include any publicly accessible online place or the parliamentary precincts (as provided for in paragraph (c) of the current definition).
The current definition of public place in the Bill replicates the existing definition in section 2(1) of the 1981 Act, but sets out 2 exclusions. This amendment replaces the Bill’s bespoke definition with a definition that incorporates the meaning of the term as set out in the 1981 Act (while retaining the exclusions) to ensure that the Bill aligns with section 2(2) of the 1981 Act, which makes it clear that a person is in a public place if the person is in any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle, which is in a public place.