Page 5545 - Week 17 - Wednesday, 4 December 1991
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action based on what the plan says and then do not want to face difficulties afterwards if that part of the plan is deemed to have been wrong.
It is a measure that I think has to stay there. We may continue the debate about some of the wording of it. But bear in mind too that the plan, at any stage, can be amended by variation. That is not exactly what Mr Moore was talking about, I do not think; but it certainly covers a lot of that area.
MR COLLAERY (3.38): Mr Speaker, I come slightly unprepared for this.
Mr Moore: Get yourself organised. You have a party of three people. Delegate the work.
MR COLLAERY: Mr Moore makes capital of being unprepared. I have been upstairs and I have come down onto the floor. We are ready with our argument. In our view, clause 50 may conflict with the appeals process because it says:
The validity of a provision of the Plan shall not be questioned in any legal proceedings except those commenced within 3 months ...
There is a wide appeals process against plan variations; yet, when you look for the definition of "plan", you find that it may well include variations to the plan. For example, you will find in the Bill references to "a provision of the plan". For example, at clause 29 - I draw members' attention to it - it says:
A Plan variation, or a provision of a Plan variation ...
So, clearly, there is a duality about the concept.
What you are promising further on in the Bill, Mr Wood - through you, Mr Speaker - is a proper appeals process; yet you are cutting it off at clause 50. I believe that the Minister needs to seek further advice on this matter. He needs to assure the house that if there is a variation to the plan - I am sure Mr Kaine will be interested to hear this - it was always the intention of the Bill to allow an appeals process. What is the meaning of "a provision of the Plan" in clause 50?
I foreshadow an amendment. If clause 50 is going to stand as it is, we foreshadow an amendment - it is being copied now - that will, in effect, add the words "or of any provision of a plan variation".
MR SPEAKER: Order! Mr Collaery, I suggest that you move that amendment if you wish to do so. We are about to vote on the clause.
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