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Legislative Assembly for the ACT: 1997 Week 9 Hansard (3 September) . . Page.. 2850 ..

MR HUMPHRIES (continuing):

To answer Mr Moore's point about delaying, I did indicate in comments earlier today that that was the thrust of the preliminary advice I had received. I received Mr Corbell's amendments only late yesterday afternoon. I have not had a chance to get that advice any sooner than this, and that is the reason why there has not been advice on this any earlier.

MR CORBELL (4.19): Mr Speaker, the Mutual Recognition Act provides for exemptions. The Mutual Recognition Act guarantees a level of cooperation and free movement of goods between States. That is why it is there. But it also allows for exemptions. Why would anyone enter into that agreement without recognising that there was still the ability for individual legislatures in individual States and Territories to make policy and seek an exemption where there was a concern about whether or not that policy or that legislation clashed with the Mutual Recognition Act? Why would anyone enter into that unless there was an exemption?

There is an exemption process. We are saying - and it is the purpose of this amendment - "Unless we get the exemption, it does not occur". The Mutual Recognition Act is an agreement about competition. It ties the States into an agreement about competition. It seems to me nonsensical to say, "If you abide by that, you are still breaching the competition rules". We are abiding by the Mutual Recognition Act - that is the point of this amendment - within the national context, which this Territory has signed up to and which all other States and Territories have signed up to.

It seems to me that, on various occasions, the Minister has tried to pull this trick. It is not just on this legislation that he has pulled out this advice about breach of competition policy. I understand that it has occurred on other occasions as well. It would seem to me not acceptable for the Minister to attempt this tactic. He is attempting to bluff this Assembly. I think that is the only thing we can say about it. We are working within a national context. This amendment recognises that we are working within a national context. We cannot proceed unless we get agreement in that national context.

Amendment agreed to.

Clause, as amended, agreed to.

Clauses 3 and 4, by leave, taken together, and agreed to.

Clause 5

MR CORBELL (4.22): I move:

Page 2, line 13, omit the clause, substitute the following clause:

"Defence - approved codes of practice

5. Section 20 of the Principal Act is amended by inserting in subsection (2) `section 9A,' after `under'.".

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