Page 1443 - Week 05 - Wednesday, 17 April 1991
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the Northern Territory. Clearly, this disallowance power is not sufficient if the Assembly is to have a proper role in determining whether subordinate legislation is made correctly. A number of commentators have noted this over the years. Mr Connolly quoted Professor Dennis Pearce in 1977 calling for a strengthening of powers of the State and Territory governments in this regard.
More recently, during a conference on the preparation of Acts and regulations held in Brisbane in February of this year, our legal adviser, Emeritus Professor Douglas Whalan, pointed out that there must be adequate disallowance powers given to the house. It is no use having a disallowance power if a sufficiently determined government can ensure that the motion is never debated and, therefore, never gets to the top of the order paper.
This Bill has the Government's support. In fact, the Government Law Office helped prepare some of the redrafting for Mr Connolly. The Bill will address these concerns which I have mentioned and bring us into line with both Commonwealth and Western Australian parliamentary practice. It will help ensure that subordinate legislation is prevented from becoming a law of the Territory if it does not come within the principles set out by the Assembly for the committee. Mr Speaker, I commend the Bill to the Assembly.
MR STEFANIAK (11.48): As the third member of that committee I endorse the remarks made by Mr Connolly and my colleague Ms Maher, the chairman of that committee. I also endorse the remarks made by the Attorney-General in indicating the Government's support of the Bill, for which the committee is very grateful. As Ms Maher says, it does bring us into line with other jurisdictions. As the third member of that committee, the Bill has my support.
MR CONNOLLY (11.49), in reply: Mr Speaker, I am heartened at hearing the support indicated for this Bill this morning by the Attorney-General, Ms Maher and Mr Stefaniak. The purpose of this Bill is clearly to strengthen the hand of the Assembly against the Executive. It is not a Bill that is motivated from any past political perspective. Mr Collaery seemed to detect something sinister in the fact that this morning Mr Berry has moved disallowance of a piece of subordinate legislation. Indeed, I think that is the first time that that has happened in this place, which is itself surprising as one may have thought that perhaps Mr Stevenson may have moved on regulations allowing X-rated videos to be sold at certain premises.
That is purely coincidental. I can certainly assure the Government that this will not be a provision that will be used by the Opposition in any frivolous manner. It is an important provision. It strengthens this Assembly's power over the business of government. Mr Collaery referred to the increasing volume of delegated legislation that is likely to appear in this place. That is, of course, a
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