Page 2200 - Week 07 - Thursday, 17 June 1993

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TT WAS NECESSARY TO HAVE ONE RULE APPLYING TO ALL A.C.T LAWS. THIS ENSURES CLARITY, SIMPLICITY AND CERTAINTY.

SUBSECTION 7(2) ENSURES THAT THE TERM "CROWN" WHEN USED IN A.C.T LEGISLATION MEANS THE CROWN IN RIGHT OF ALL JURISDICTIONS TO THE EXTENT THAT THAT IS POSSIBLE. OBVIOUSLY, WITH REGARD TO THE COMMONWEALTH, TT WILL BE NECESSARY FOR A REGULATION UNDER SECTION 27 OF THE AUSTRALIAN CAPITAL TERRITORY (SELF-GOVERNS ACT TO BE IN EXISTENCE BEFORE THE COMMONWEALTH WILL BE BOUND BY ANY PARTICULAR STATUTE.

SUBSECTIONS 7(3), (4) AND (5) DEAL WITH THE CRIMINAL LIABILITY OF THE CROWN. THE CROWN WILL NOT BE LIABLE TO CRIMINAL PROSECUTION AND ANYONE WORKING ON BEHALF OF THE CROWN WILL BE IMMUNE FROM CRIMINAL PROSECUTION IF THEY ARE ACTING WTTHIN THE SCOPE OF THEIR LAWFUL AUTHORITY.

THE NEW SUBSECTION 7(6) WILL ESTABLISH AS A GENERAL RULE THAT THE CROWN IS NOT LIABLE TO PAY MONEY TO ITSELF UNLESS THIS IS SPECIFICALLY PROVIDED FOR IN LEGISLATION. THIS WILL AVOID ANY UNNECESSARY ADMINISTRATIVE EFFORT IN THE MANAGEMENT OF TERRITORY PUBLIC MONIES.

MADAM SPEAKER, THESE BILLS REPRESENT A BOLD STEP BY THIS GOVERNMENT TO BE ACCOUNTABLE TO THE PEOPLE THROUGH THE LAW. I UNDERSTAND THAT ONLY SOUTH AUSTRALIA HAS PASSED LEGISLATION ALONG THESE LINES AND THE SOUTH AUSTRALIAN

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