SECTION 33.

I move amendment No. 159:

In page 17, subsection (1), line 5, to delete "of its own motion or".

Perhaps the Minister could clarify what "of its own motion" means in section 33 (1).

The court in its own right in sitting makes its decision, taking into account information that is available to it. It means discretion as well. The court has the entire discretion to take its decision taking into account the information before it and the circumstances.

Amendment No. 159 by leave withdrawn.

I move amendment No. 160:

In page 17, lines 9 and 10, to delete subsection (2) and substitute the following:

"(2) The provisions of Part V shall apply to proceedings under this section with any necessary modifications.".

The purpose of this amendment is to extend certain provisions of the Bill to proceedings under this section. At present subsection (2) provides that proceedings under this section shall be heard otherwise than in public. I have decided that the provisions of sections 21, 22, 23 and 24 should also apply, that is, the provisions in relation to the informality of proceedings, section 21 (2); power to proceed in the absence of the child, section 22; prohibition on publication or broadcast of details of the proceeding, section 23; and presumption and determination of age, section 24. These sections are contained in the new Part V, hence the cross reference to Part V.

Amendment agreed to.
Section 33, as amended, agreed to.