Page 1025 - Week 04 - Wednesday, 20 April 1994
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He went on to say that he would be happy to elaborate orally and, indeed, he did. Madam Speaker, I believe that this amendment is an improvement to the Bill, and I think it will allow the Assembly the appropriate power under the Subordinate Laws Act to deal with amendments rather than just to disallow subordinate laws, as was discussed in the in-principle stage.
MR CONNOLLY (Attorney-General and Minister for Health) (10.53): The Government has no problems with Mr Moore's amendment, which is, as he says, a technical improvement to the drafting of the principal amendment.
Amendment agreed to.
MR CONNOLLY (Attorney-General and Minister for Health): (10.53): Madam Speaker, I move:
Clause 4, page 3, line 7, proposed new subsection 6(16A), after proposed subsection 6(16) insert the following subsections:
"(16A) Notwithstanding subsections (7A) and (11), an amendment of a subordinate law made, or to be deemed to have been made, under this section which would, but for this subsection, have the effect of waiving or altering any fee, charge, penalty or other amount payable to the Territory is of no effect.
"(16B) Notwithstanding subsections (7A) and (11), an amendment of a subordinate law, other than a regulation, rule or by-law, made, or to be deemed to have been made, under this section is of no effect.".
When this quite innovative proposal by Mr Moore was introduced, the Government indicated that it had no difficulty in principle with the Assembly having power itself to initiate or to amend subordinate legislation, as the Assembly de facto and de jure has it anyway, in the sense that by an Act you can amend or change a piece of delegated legislation. An Act of this Assembly can do what it wishes with subordinate legislation. Mr Humphries and I had an interesting discussion in delving into the legalities of that some months ago. It seems right in principle that if you can do it through a cumbersome mechanism you should be able to do it through a clear and simple mechanism.
I did say at the time, though, that this Assembly imposes a fetter on itself, quite properly. In the Westminster tradition the Executive, which holds the purse strings, is accountable to this Assembly. The Assembly cannot, through the action of private members, do certain things with money Bills. Therefore, I was seeking the agreement of Mr Moore and members to impose a similar fetter in relation to subordinate laws. The amendment before us now seeks to have that effect. I discussed it with Mr Moore some months ago, and I understand that it may be acceptable to have provisions to that effect. If we find problems with that, the Government is amenable to discussion. What we are seeking here as we take this quite dramatic step with unanimous agreement - which is quite significant - is agreement that we fetter ourselves so that the principles of the Executive having responsibility, being accountable and taking the flak for money matters will remain.
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