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Legislative Assembly for the ACT: 1998 Week 9 Hansard (18 November) . . Page.. 2634 ..


Mr Berry: Well, these people will have.

MR HUMPHRIES: No, they will not. This is the point.

Mr Berry: They live here.

MR HUMPHRIES: No. Actually, it does not even say that they live in the Territory, Mr Berry. You read the Act. It says "a person who considers the decision to be contrary to law". I do not see why this amendment requires that the person who brings the action is a resident of the ACT. I might have misread that. I might have omitted something else that is in the body of the Act which touches on that subject. I look forward to Ms Tucker elucidating that. But I do not even see here what prevents a person who lives outside the ACT from acquiring standing under these provisions.

Mr Stanhope: The filing fee at the Supreme Court will prevent them, Minister.

MR HUMPHRIES: The what?

Mr Stanhope: The filing fee for actually initiating the action.

MR HUMPHRIES: Oh, I see.

Mr Stanhope: People are going to come down from Sydney, pay $500 to initiate an action - - -

MR HUMPHRIES: So, Mr Temporary Deputy Speaker - - -

Mr Berry: No; they will get up and read the Canberra Times in Yass one day.

MR TEMPORARY DEPUTY SPEAKER (Mr Hird): Order! The Attorney-General has the call.

MR HUMPHRIES: I understand. Of course; I forgot about Ms McRae's comments from last year. The poor people live in Queanbeyan. Therefore, they cannot afford to pay the filing fee. Of course; that is it.

Mr Stanhope: This is a serious debate, Mr Humphries.

MR HUMPHRIES: That was a very serious comment at the time it was being made as well. Mr Temporary Deputy Speaker, the idea that people are excluded because people outside the ACT will not be able to pay the filing fee is a concept which does the Leader of the Opposition great disservice, but it illustrates - - -


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