Page 2566 - Week 09 - Wednesday, 8 August 1990
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For the information of members, I table the advice from the Law Office and also Mr Connolly's letter on the issue. The matter is one which I view very seriously and which I agree has major implications for the ability of private members to sponsor a diversity of Bills and motions in the Assembly. The provisions of section 65 and standing orders 200 and 201 do give me concern and members will recall that this morning I announced that the Administration and Procedures Committee is undertaking an inquiry on this matter. The point has also been raised with the Attorney-General in relation to possible future courses of action.
However, having considered the advice given and the Bills introduced, I have concluded that the Bills contravene the provisions of standing order 200 as their effect would be to dispose of and charge the public money of the Territory. I therefore call on the Attorney-General, as Leader of the House, to move the appropriate motion under standing order 170 in relation to both these Bills.
Mr Berry: I raise a point of order. Reluctantly, I seek to move a dissent from the Acting Speaker's ruling.
MR ACTING SPEAKER: I take note of that. Perhaps you would speak to that point and then I will rule on whether you can, in fact, move a dissent.
Mr Berry: I refer you, Mr Acting Speaker, to standing order 275, which draws attention to practice here where there are not specific provisions in this Assembly's standing orders. The standing order says that the question should be decided according to the practice at the time prevailing in the House of Representatives in the Parliament of the Commonwealth of Australia. In turn, I refer you to the standing and sessional orders of the Parliament of Australia, standing order 100, which says:
If any objection is taken to any ruling of the Speaker, such objection must be taken at once, and a motion of dissent to be submitted in writing moved, which, if seconded, shall be proposed to the House and debate thereon shall proceed forthwith.
I hand in my written motion of dissent, in accordance with that standing order. I also refer you to standing order 73, which says:
Upon a question of order being raised, the Member called to order shall cease speaking and sit down, and after the question of order has been stated to the Speaker by the Member raising it, the Speaker shall rule thereon.
I think that standing order makes it very clear that there is room for dissent. Otherwise it would have said that there shall be no dissent from the Speaker's ruling. I
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