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Legislative Assembly for the ACT: 1997 Week 7 Hansard (25 June) . . Page.. 2051 ..

MR WHITECROSS (continuing):

That is what happens when fees and charges are imposed by regulation. They go off to the Scrutiny of Bills and Subordinate Legislation Committee for consideration and report back so that this Assembly has advice on whether or not to disallow them. Bills are not passed in this place until the Scrutiny of Bills Committee has had an opportunity to consider them and advise the Assembly.

On this occasion we are being asked to pass several amendments, amendments which have been circulated only today and which Mr Berry saw only last night, without the Scrutiny of Bills Committee having the opportunity to deal with them. I do not think that is an appropriate process. I am sure that when the Scrutiny of Bills Committee looks at them, if what the Attorney-General has told us is all true, we will not have any trouble in dealing with these things in a timely way in the August sittings. I reiterate my basic point. It is a principle of good practice in this place that before we pass amendments of this kind, which are for the imposition of new fees in substitution for old ones, they be dealt with by the Scrutiny of Bills Committee. That is what Mr Berry's motion would achieve.

The amendments do not relate to the proposals in Mr Berry's Bill. They are actually a separate set of propositions, certainly of a similar type to Mr Berry's proposition but separate ones. I do not think it is inappropriate that they be dealt with separately. The propositions in Mr Berry's Bill have been before this house for the best part of six months. I think it is time we got on with validating those fees and charges. I think we can do that today. We have had the Bill before us for long enough to do it today.

The Attorney-General's amendments are obviously amendments that we should be concerned about and deal with in a timely way. The appropriate process for that is for them to go off to the Scrutiny of Bills Committee for their report back to us, then we can deal with them in a very timely way in the August sittings. I think that is a very appropriate process. It preserves the integrity of the procedures of this house. It ensures that we validate the fees and charges in Mr Berry's Bill at the earliest opportunity. We can get to Mr Humphries's amendments at the first opportunity after the Scrutiny of Bills Committee has had a chance to advise the house on them.

MR BERRY (11.24): My colleague Mr Whitecross has quite eloquently drawn attention to some further important issues that members ought to take into consideration when considering this matter. I heard an argument from Mr Humphries that the Bill itself ought to be delayed as well. I am in the Assembly's hands in respect of that matter, but our approach on the issue has been to get this validation of fees and charges Bill through as quickly as possible.

Mrs Carnell: Why?

MR BERRY: Mrs Carnell interjects, "Why?". I make the point that the reason for it is to validate fees and charges which you mucked up. Something needs to be done as quickly as possible to validate those fees and charges over the period they were in question. It is an important and sensible administrative move, Mrs Carnell. That is why.

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