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Legislative Assembly for the ACT: 1997 Week 7 Hansard (25 June) . . Page.. 2048 ..

MR HUMPHRIES: That is what Mr Berry is saying. I have no doubt that Professor Whalan has put forward his - - -

Mr Berry: What was I supposed to say?

Mr Whitecross: He enjoys putting words in other people's mouths.

MR HUMPHRIES: Mr Speaker, I did not interject at all on Mr Berry during his comments and I - - -

MR SPEAKER: Will you be quiet, Mr Whitecross. We had peace and quiet in the chamber until you arrived. I am not going to tolerate constant interjections today. If you do not want to be named, I suggest that you remain quiet.

MR HUMPHRIES: I have no doubt at all that Professor Whalan gave advice to the Scrutiny of Bills Committee, on the occasion these matters first arose, in exactly the same way as he has always given advice - fully and frankly, applying his very considerable knowledge and experience in this area to the benefit of the committee's work. I have no doubt that exactly the same can be said about the government lawyers who advised the Government on the same matters referred to in this place. To suggest that because those various lawyers differ in their views about the effectiveness of particular provisions is not to suggest that either of those sets of lawyers has in any way given advice in political terms or to serve some political goal. (Extension of time granted) I think it is most important that we emphasise that. I have never seen any officer serving a committee of this place or seen any government lawyer offer advice which I considered to be politically motivated. I hope that, only with the greatest of care and with the most satisfactory evidence to back up such claims, will members make the assertion in this place that lawyers employed by the ACT Government would ever give advice other than in those terms.

Mr Speaker, I emphasise that I believe that it is important to bear in mind the advice received but to consider it appropriately. There is obviously an element of doubt, at least in the minds of some members of this place, about elements of delegated legislation. We fix that with these amendments, inasmuch as we fix the matters originally raised by Mr Berry, and I would ask that members of the Assembly support the amendments on that basis. Mr Speaker, I present the explanatory memorandum to the Government's amendments.

MR BERRY (11.12): On the face of it, it appears that the Government has discovered some other problem with its revenue collection. On the face of it, there appears to be no reason for Labor to oppose the amendments that have been put forward; but I have to hark back to our experience over this entire issue and the way that the Government has behaved in relation to the matter in its entirety. Let us forget what was behind the various pieces of legal advice which were in contest here. The fact of the matter is that there is a responsibility to show proper respect for the Scrutiny of Bills Committee. Leave aside the advices that were in contest. I would have thought that it would have been the better part of discretion for the Government to have supported the Scrutiny of Bills Committee's approach to this issue, rather than dig itself into a position.

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