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Legislative Assembly for the ACT: 1996 Week 8 Hansard (26 June) . . Page.. 2215 ..

Clause 21

MR DE DOMENICO (Minister for Urban Services) (6.03): Mr Speaker, I move:

Page 10, line 6, paragraph (2)(c), before "contravenes" insert "without reasonable excuse".

The amendment is one of those recommended by Professor Whalan. As Ms Follett said, there was a difference of opinion between Professor Whalan and the Parliamentary Counsel. Whilst I acknowledge the expertise of Professor Whalan, I also have to keep in mind that, from time to time, people might misinterpret or misread things. I take full responsibility for the fact that perhaps the Government could have introduced this Bill a lot sooner; but, then again, the balance was: Do you introduce it a lot sooner and have even more mistakes in it, or do you try to get things done? Firstly, the Scrutiny of Bills Committee has asked that consideration be given to the inclusion of a defence "without reasonable excuse", if a member of the authority fails to disclose a direct or indirect pecuniary interest. I agree with the comments, as I said, made by the committee. In the amendment, I propose that subclause 21(c) of the Bill be amended to now read "without reasonable excuse contravenes section 18".

Amendment agreed to.

Clause, as amended, agreed to.

Clauses 22 to 30, by leave, taken together, and agreed to.

Clause 31

MR WOOD (6.04): Mr Speaker, I move:

Page 12, lines 33 to 35, subclause (1), omit the subclause, substitute the following subclauses:

"(1) The staff assisting the Authority shall be employed under the Public Sector Management Act 1994.

"(1A) The Public Sector Management Act 1994 applies in relation to the management of the staff assisting the Authority.

"(1B) The Chief Executive Officer has all the powers of a Chief Executive in relation to the staff assisting him or her as if the staff were employed in a Department under the control of the Chief Executive Officer.".

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