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Legislative Assembly for the ACT: 1995 Week 9 Hansard (23 November) . . Page.. 2580 ..

Limitations on amendments

201. A Member, other than a Minister, may not move an amendment to a money proposal, as specified in standing order 200, if that amendment would increase the amount of public money of the Territory to be appropriated.

5. These standing orders were adopted in their current form following a report of the Standing Committee on Administration and Procedures which recommended that standing orders 200 and 201 be amended to reflect section 65 of the Self-Government Act. Since the standing orders were amended on 16 June 1994 there has been no amendment moved to an appropriation Bill in the Assembly. The amendment to the Self-Government Act had been enacted in January 1994. The section now reads:

Proposal of Money vote

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 (1) 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.

6. The explanatory memorandum to the amending Bill read:

Subsections 65(1) and (2): amended to ensure that the initiative of the Government in introducing legislation into the Assembly on financial matters is no greater or less than that of the Commonwealth Government under section 56 of the Constitution. The reference in the present section 65 to the 'object or effect' of a proposed law, and absence of reference to 'appropriation', suggests that section 65 covers proposals to increase the Territory's possible financial liabilities without actually appropriating public moneys. This is not intended.

7. The explanatory memorandum specifically addresses the question of the introduction of legislation. It does not address the question of the ability of non Executive Members to propose amendments.

8. Section 56 of the Commonwealth Constitution states:

A vote, resolution, or proposed law for the appropriation of revenue or moneys shall not be passed unless the purpose of the appropriation has in the same session been recommended by message of the Governor-General to the House in which the proposal originated.

9. In the House of Representatives, the financial initiative of the Crown: "... the constitutional and parliamentary principle that only the Government may initiate or move

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