Page 5016 - Week 17 - Tuesday, 11 December 1990
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MR DEPUTY SPEAKER: I am upholding the point of order, Ms Follett; but it does not affect the vote. Mr Collaery's vote is disallowed. I am upholding the point of order, but you still lose the vote.
Clause agreed to.
Clause 14 agreed to.
Clause 15
MR MOORE (10.58): In the substantive legislation clause 15(1) states:
Before submitting a draft Plan to the Executive, the Authority shall cause to be published in a daily newspaper published and circulating in the Territory a notice stating that copies of any written comments -
et cetera, et cetera. It seems to me that over such a short period, particularly when we know that the Canberra Times is likely to exist, it would be appropriate to actually name the Canberra Times there as the daily newspaper. We have a precedent that is of some concern to me. In the Morpath situation the matter was actually advertised in the Australian, which is a daily newspaper circulating in the Territory; however, unfortunately, the - - -
Mr Jensen: Published.
MR MOORE: I am sorry. All right, published.
Mr Jensen: The Australian is not published in the ACT.
MR MOORE: I think the Australian mob would argue that it is published here. I think they may well argue that it is published here. I think that there would be an appropriate reason to tighten this up. Mr Jensen assures me that the Australian is not published here. His legal opinion is supported by that of Mr Duby. However, when this matter was raised earlier today with the Chief Minister's officials, they certainly were not able to give me that opinion, nor have they come back to me on that concern that I raised at that stage. I think it is appropriate that we specify that, because what we are trying to do is ensure, over this short period, that there are not ways and means around public inspection or comment.
There is no appeals mechanism. The vast majority of the problems that I have come back to that again and again. You have no appeals mechanism in this particular piece of legislation. There is a simple solution to it. A simple solution can be gained through a bipartisan approach: we take a couple of days and work out how we can tie in the Administrative Appeals Tribunal, which I do not think is, necessarily, the best way of dealing with planning appeals;
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