Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .

Legislative Assembly for the ACT: 1997 Week 7 Hansard (25 June) . . Page.. 2040 ..

MR BERRY (continuing):

It is true that the Government's position, so far as the Scrutiny of Bills Committee is concerned, was quite contrary to that provision. Mr Moore rightly points out that this is a matter that may or may never have been resolved in the courts; but that does not alter the need for this Assembly to put right a wrong or a possible wrong, if I can frame it in that way. That is why the advice of the Scrutiny of Bills Committee was taken by me in putting together legislation which validated the fees and charges which were in question.

Mr Speaker, at around the same time as I introduced that legislation I withdrew a notice of motion for disallowance in relation to the determination made by the Chief Minister and went down the legislative path. Subsequently, the legislation, though it is not terribly complex legislation, went to the Scrutiny of Bills Committee, as was appropriate in the circumstances and as is usually the case. It is quite straightforward legislation, and the Scrutiny of Bills Committee reported on the matter, stating plainly that this legislation would validate the fees and charges which it sets out to validate.

Last evening I was advised by Mr Humphries that the Government was going to move amendments, and I was provided with those amendments. I was further advised that I would be provided with an explanatory memorandum this morning, and I have one of those. I have not had time to read the explanatory memorandum this morning, though if you just take a glance at the amendments they seem to be more complex than the Bill. On the face of them, they go to a range of other fees and charges that the Government has discovered may be in question. My view in relation to the amendments is that, whilst the Bill itself has been subject to the scrutiny of the Scrutiny of Bills Committee, the amendments have not. I would rather err on the side of caution in relation to this matter, move on to deal with the Bill, pass the Bill and refer the amendments which have been circulated by the Attorney-General to the Scrutiny of Bills Committee. I will attempt to adopt that course when we get to the detail stage of discussion of the Bill. Members, I urge you to support the legislation that is put forward by the Labor Party in respect of this matter. I will speak further in relation to the amendments during the detail stage.

Question resolved in the affirmative.

Bill agreed to in principle.

MR SPEAKER: Mr Humphries, I notice that the amendments you have circulated do not come within the title of the Bill. Therefore, I am obliged, under standing order 181, to rule them out of order. Standing order 181, I would remind members, provides:

An amendment may be moved to any part of the bill, provided it is within the title or relevant to the subject matter of the bill, and otherwise conforms with the standing orders.

Bill, by leave, taken as a whole

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .