Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .
Legislative Assembly for the ACT: 1995 Week 9 Hansard (23 November) . . Page.. 2576 ..
. It is a long established and strictly observed rule which expresses a principle of the highest constitutional importance that no public charge can be incurred except on the initiative of the Executive Government.
. The Executive Government demands money, the [parliament] grants it, but the [parliament] does not vote money unless required by the Government; and does not impose taxes unless needed for the public service as declared by Ministers of the Crown." (House of Representatives Practice 2 Ed p 42)
6. The effect of the principle is neatly summarised by Erskine and May in relation to the House of Commons as follows:
"An amendment infringes the financial initiative of the Crown, not only if it increases the amount, but also if it extends the objects and purposes, or relaxes the conditions and qualifications, expressed in the communication by which the Crown has recommended a charge. Accordingly no amendment to a motion for Supply is in order except a simple reduction of the amount demanded." (Parliamentary Practice 21st Ed pp 693-694)
7. The Commonwealth Parliament, each of the State Assemblies and the Northern Territory Assembly all have similar provisions to our section 65 in their constitutional documents. So for instance, section 11 of the Northern Territory (Self-Government ) Act 1978 (Cth) provides:
11. An enactment, vote, resolution or question, the effect of which is to dispose of or charge any revenues, loans or other money received by the Territory, shall not be proposed in the Legislative Assembly unless the purpose for which such revenues, loans or other moneys are to be disposed of or charged by reason of the enactment, vote, resolution or question, as the case may be, has in the same session been recommended by message of the Administrator to the Legislative Assembly."
8. The Standing Orders of the Northern Territory Legislative Assembly also provide that:
229. No proposal for the appropriation of any public moneys shall be made unless the purpose of the appropriation has in the same session been recommended to the Assembly by message of the Administrator. No amendment of such proposal shall be moved which would increase, or extend the objects and purposes or alter the destination of, the appropriation so recommended unless a further message is received."
9. The Financial Initiative is an important power reserved to the Executive to ensure that the Executive can govern. The government is
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .