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Legislative Assembly for the ACT: 1996 Week 2 Hansard (27 February) . . Page.. 342 ..

Mr Humphries (continuing):

If a Minister does not answer a question ... asked by a Member, within 30 days of the asking of that question, and does not, within that period, provide to the Member who asked the question an explanation satisfactory to that Member -

then three things can happen. The wording used in paragraph (c), "does not provide an explanation", is different from the wording used in the preamble, which is "an explanation satisfactory to that Member". Had the word "explanation" been meant to refer - - -

Ms McRae: Give up, Gary; just give up.

Mrs Carnell: Why?

Ms McRae: Because you are wrong.

MR SPEAKER: Order!

Mr Humphries: I am glad that we have a new shadow Attorney-General in the chamber. If paragraph (c) had been intended to mean the same thing as that preamble paragraph, it would have said "in the event that the Minister does not provide such an explanation", not "any explanation", in effect.

MR SPEAKER: Yes, I must uphold Mr Humphries's point of order.

Ms Follett: Mr Speaker, that is outrageous.

MR SPEAKER: It is not outrageous. Mr Humphries has succinctly pointed out that paragraph (c) does not require that the Minister provide an explanation that is satisfactory to the member.

Ms Follett: Well, it shortly will. We will amend it.

Mr Humphries: Do so prospectively. This is what it says at the moment.

MR SPEAKER: It simply states:

in the event that the Minister does not provide an explanation, the Member may, without notice, move a motion ...

You have already done that.

Ms Follett: Mr Speaker, I seek leave to move my motion as circulated.

Mr Moore: I raise a point of order first, Mr Speaker, if I may. I think there is a precedent being set here by your ruling. Before you jump to that conclusion - and I realise that it is going to take a little time - standing order 118A does say in its first part:

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