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Legislative Assembly for the ACT: 1995 Week 9 Hansard (23 November) . . Page.. 2575 ..

Reasoning

Question 1

1. As you note in your request for advice, Mr Michael Moore MLA has publicly canvassed the possibility of seeking to amend the Appropriation Bill 1995 by moving an amount of money from the Treasurer's Advance to one of the education appropriation units.

2. The ability to amend the Appropriation Bill 1995 turns on the interpretation to be given to section 65 of the Self-Government Act. Section 65 provides:

"Proposal of money votes

65. (1) An enactment, vote or resolution ("proposal") for the appropriation of the public money of the Territory must not be proposed in the Assembly except by a Minister.

(2) Subsection (l) does not prevent a member other than a Minister from moving an amendment to a proposal made by a Minister unless the amendment is to increase the amount of public money of the Territory to be appropriated."

3. It is clear that section 65(2) of the Self-Government Act permits a member to move an amendment to a proposal provided it does not increase the amount of money to be appropriated.

4. The issue here is what is a 'proposal'. Section 65(1) of the Self-Government Act talks in terms of "An enactment, vote or resolution ("proposal") for the appropriation of the public money of the Territory". Enactment and resolution have obvious meanings. However, what 'vote' means may not be immediately clear. To understand the meaning of vote in the way it is used here it is necessary to examine the context in which it is used. Accordingly, before discussing the meaning of vote it is important to understand the purpose of section 65.

Purpose of section 65 - the Financial Initiative

5. Section 65 seeks to protect the Financial Initiative of the Executive by restricting the way an appropriation bill can be amended. The Financial Initiative is a centuries old constitutional principle that operates in all Westminster-style parliaments, whether large (like the Commonwealth Parliament of Australia) or small (like the Northern Territory Legislative Assembly). It has been summarised as follows:

. The Executive Government is charged with the management of revenue and with payments for the public service.

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