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Legislative Assembly for the ACT: 1997 Week 9 Hansard (3 September) . . Page.. 2849 ..


MR HUMPHRIES (Attorney-General and Minister for the Environment, Land and Planning) (4.17): Mr Speaker, I think I have spoken twice on the amendments. So, I need to seek leave to speak again.

Leave granted.

MR HUMPHRIES: I thank members. I did ask for Dr Sheen to put this in writing, and she has done so. I would like to read into the record what she has sent to me. It says:

Michael -

that is a member of my staff -

I refer to your fax which sets out the ALP amendments to the Animal Welfare Bill.

As I suggested to you earlier today, there are probably a number of legal issues which, as you would be aware, represent an impediment to the passing of the Bill. I have spoken to Ms Anna Lennon in the Attorney-General's Department and suggest that you contact her in regard to further policy advice on these matters.

Further to the possible legal impediments, there are some competition issues involved. The banning of an activity represents a significant barrier to entry. The Government's obligations under the Competition Principles Agreement are such that the passage of this Bill would almost certainly represent a serious breach of the Agreement.

Mr Moore: With or without the amendment? This does not make sense.

MR HUMPHRIES: I am just reading the advice. You asked for the advice, Michael. I am just reading it:

It is important to note that the National Competition Council (the body which assesses jurisdictions for the purposes of whether they will receive the competition payments) takes the view that breaches of the Agreement are not made acceptable by the fact that they have been initiated by opposition parties and passed without Government approval.

Breaches of the Agreement, particularly ones of this nature, may seriously affect the ACT's competition payments.

Please let me know if I can be of any further assistance.

Regards

Robyn Sheen.

Mr Speaker, I simply table that cc:mail, which I have just received.


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