Page 2424 - Week 09 - Tuesday, 6 August 1991
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
Ms Follett has asked this Assembly to support the making of a law consonant with an agreement, the text of which I have not seen and has not been circulated to this Assembly. There has been sufficient publicity about it for us to understand basically what it is about and there have been some comments from Ms Follett. I would think this may happen again. It will happen because the Commonwealth does not have exclusive power in a whole lot of other constitutional areas and needs to use one of the territories as its basis for model legislation where it does not have exclusive power.
As a matter of form, I would suggest that the Chief Minister develop an understanding with her Attorney that, firstly, the agreement to form the basis of any States applied legislation be tabled in this Assembly so that we know what the terms are. I ask whether that could be tabled and whether it is possible to table it now, so that we know exactly what we are agreeing to. Secondly, the consent of this Assembly is to the making by the Commonwealth of a law to give effect to the agreement.
I believe that the motion should also call upon the Attorney or the Chief Minister, as the case may be, to ensure that the draft model legislation is seen by this Assembly. We are giving a blank cheque. I trust that members understand, but I believe that we are dealing in good faith and I am confident that the Chief Minister knows what is in the Commonwealth's mind. But I do warn her that there was a degree of non-consultation, a degree of quite obstructionist tactics, when the companies and securities model legislation was introduced through the territories power.
I would foreshadow an addition to the motion - I will ask my colleague Mr Jensen to move it - which would effectively require the Assembly to see the model draft. The amendment would call upon the Assembly to consent to the making by the Commonwealth of a draft law in the terms approved by the ACT Government and for the Australian Capital Territory to give effect to the agreement. I would require that the Chief Minister of this Territory see the terms of the law to be applied and would require that of the Commonwealth Parliament.
Mr Berry: That is different from what you told me when we negotiated this issue.
MR COLLAERY: Mr Speaker, I take great exception to Mr Berry's interjection. I have not seen this motion before. I cannot see why there would be a problem in the Chief Minister wanting to see a draft of the Bill. I am sure the Attorney would get a draft. I am positive. We should, as an Assembly, make sure that we see a draft if we are giving effect to it. That is a minor amendment, and I resent the imputation from Mr Berry that we are somehow reneging on an arrangement.
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .