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Legislative Assembly for the ACT: 1997 Week 10 Hansard (24 September) . . Page.. 3196 ..

MR BERRY (continuing):

The same applies, of course, in relation to the driving licence replacement fee determination and the parking charges determination validity. I hope that this entire exercise serves as a lesson to all Ministers in the Government that you cannot use your authority loosely in determining fees by way of subordinate legislation, because it will be uncovered. The Scrutiny of Bills Committee, well known for its eagle eye, will uncover these sorts of things. Because of the toing-and-froing in relation to this issue, I am sure that the Scrutiny of Bills Committee will be ever more vigilant in the future.

Mr Speaker, the Opposition will be supporting the amendments put forward by the Attorney-General, and we accept that the title of the Bill, in particular, ought to be changed to "determinations of fees and charges" because it has been widened to cover other fees and charges. The title amendment amends that which was previously proposed by replacing it with another form of words, which will be supported as well. I urge members to support this legislation. I hope that the passage of this legislation serves as a warning to the Government that, in future, they should not be so sensitive at being found out as having made what was a relatively minor mistake which has been elevated to prominent public status because of the resistance to a proper recommendation of the Scrutiny of Bills Committee - resistance that ought not to have occurred. I think it was quite arrogant of the Government to take the stand that it did. I hope that the amendments pass with the full support of members.

MR MOORE (11.24): Mr Speaker, in rising to support the amendments, I think it is most appropriate to reflect the support for this Bill because it has been with us for some time now. I recall that, when Mr Berry first mentioned this issue to me, I thought it important to clarify the whole issue of whether the fees were charged or were not charged. Leaving doubt over them seemed to be an entirely inappropriate way to go. I am delighted that the Attorney-General has introduced amendments to clarify even further the particular fees in, I think, a second situation as well as that which was originally looked at, so that there is absolutely no doubt. In many ways, I think it is a very minor piece of legislation; but Mr Berry is quite right in saying that it does send a clear message about the sort of care that needs to be taken with, firstly, the issues in the first place but, secondly, recommendations that come from the Scrutiny of Bills Committee or, in fact, any other committee of the Assembly.

MR HUMPHRIES (Attorney-General) (11.26): Mr Speaker, I thank members for supporting the Government amendments. Let me just clarify something which Mr Berry has said. He has implied that these amendments acknowledge the superior view of the Scrutiny of Bills Committee that these problems can be fixed only by legislation. Let me make it clear that that is not the case. The Government has had advice from its own officers which says that the problem that was in the original Bill of Mr Berry's could be addressed in another way. That remains the Government's advice. As I have said to other people who have urged me on other occasions to reject Government advice, there is very little point in retaining a small army of lawyers if I choose to reject it whenever someone puts another view. Professor Whalan, who was responsible, of course, for the original report, is a much-respected author and author of many Scrutiny of Bills Committee reports, and his views carry great weight with this Government, as they do,

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