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Legislative Assembly for the ACT: 1997 Week 12 Hansard (13 November) . . Page.. 4217 ..

MS TUCKER (continuing):

working with professionally - I find quite extraordinary. If it is a really serious concern, as in the Magistrates Court, you could say, "I will do right to all manner of people according to law". You could spell it out, if you really wanted to, as it is in the Magistrates Court Act.

If you want to put that amendment up, I am quite happy to look at that; but, personally, I find it extraordinary that you would suggest that a person swearing this would actually take that as meaning that they did not have to well and truly serve people from outside the ACT. It is about the allegiance that you have and your sense of belonging to the ACT. That is the point that is being made. It is about who we are here, now; and the Queen does not fit into that.

MR HUMPHRIES (Attorney-General) (9.56): I want to make an important point, Madam Deputy Speaker. I just want to respond to a couple of things that have been said. With respect, I think there is a very big difference between being invited each morning in here to pray or reflect on our duties to the people of the Australian Capital Territory and imposing a legal obligation on people to act in a certain way. The oath or affirmation is not a mere prayer, the complying with which is a matter between you and the Almighty; it is a legal obligation, and a person who fails to honour their oath is, I suspect, in breach of the law. I am not sure about that; but I think they are in breach of the law. Ms Tucker and Mr Moore say that they are quite confident that this is the interpretation that they would take of it; that it means a certain thing. Perhaps they are right. We all have had a bit of a giggle about this tonight; but we may not be correct - - -

Ms Tucker: We can take it out.

MR HUMPHRIES: Frankly, I would be more comfortable if the words that had been written in by hand were not proceeded with. I have already made an argument about the other part of the amendment; but at least that would avoid that complication.

Ms Tucker: Okay.

MADAM DEPUTY SPEAKER: Do you so move, Mr Humphries?

MR HUMPHRIES: Yes, by leave.

Leave granted.

MR HUMPHRIES: I will move amendments to Ms Tucker's amendments, to remove the handwritten words. I move:

Omit "the people of the Australian Capital Territory" (wherever occurring).

Amendments (Mr Humphries's) agreed to.

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