Page 2423 - Week 09 - Tuesday, 6 August 1991

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MR KAINE (Leader of the Opposition) (4.32): In connection with the motion moved by the Chief Minister relating to national heavy vehicle regulation, the Chief Minister has alluded to the fact that this is a little unusual in that we seem, on this occasion, to be inviting the Commonwealth to legislate specifically for the Territory. Given the position that we have adopted until now, which is specifically that the Commonwealth should bow out of the ACT and not legislate for it, it is an unusual departure.

But I support the proposal in this case, having attended the first Special Premiers Conference and being aware of the background of why this is required to enable the Commonwealth to set the standards under which the States and the Northern Territory will go into this regulation of heavy vehicles. I accept that there is justification in this case for inviting the Commonwealth to legislate as is here proposed. Speaking for the Liberals in the Opposition, Mr Speaker, we would not oppose the proposal put forward by the Chief Minister on this matter.

MR COLLAERY (4.34): Mr Speaker, as a matter of form, I would ask that, where the Leader of the Liberal Opposition moves an adjournment of a debate, you make sure that no-one else seeks the call because there will be an exclusion on this side of the house constantly if there is no prior communication of those decisions.

Mr Kaine: There is no exclusion. It will be debated.

MR COLLAERY: This side of the house might like to know whether those moves are going to be taken. Mr Speaker, I just foreshadow the fact that we are getting to the basic problem of the fictional notion that there is a Leader of the Opposition.

Mr Moore: Ha, ha!

MR COLLAERY: The Labor surrogate, Mr Moore, laughs, of course. Mr Speaker, the motion that Ms Follett has moved is not in the terms that I anticipated. One should recall that the Federal Government, without consultation with this Assembly, used applied law in the Territory to set up the national companies and securities regime. It legislated over our heads. It passed an Act after self-government. There is an Act of this Territory, made by the Commonwealth, in relation to companies and securities. We were specifically excluded - actually excluded - from the room when that was negotiated, and the Commonwealth used its power under section 122 of the Constitution to do it. So, it could do this, whether we assent to this motion or not. One should bear that in mind.


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