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Legislative Assembly for the ACT: 1999 Week 11 Hansard (20 October) . . Page.. 3402 ..

MR RUGENDYKE: You are right; it is industrial action. So section 187AA and the rest of them apply. I do not understand Mr Berry's argument that because no-one has gone after the $10,000 fine that makes it okay. The fact that no-one has pursued the provision for the $10,000 fine does not make it okay. What are we saying? Are we saying it is okay to drink-drive as long as we do not get caught? That is great, but what if we get caught? There is a penalty.

Mr Temporary Deputy Speaker, I find it necessary now to call the credibility of the union into question. What advice did the union give the bursars when they were instituting this industrial action? Was their advice consistent with the provisions of Part VIIIA of the workplace relations legislation? Obviously it was not, because now we are in the chamber trying to do something illegal. So it was the union that failed to advise its people of the consequences of the industrial action they were taking. The union must be held accountable to its constituency. If it were otherwise we would not be here. It is that simple.

Mr Temporary Deputy Speaker, my legal advice supports the legal advice of the Australian Government Solicitor. I see no other legal opinions on the table. We could play barristers at 20 paces, but I do not see any other legal opinions. However, I will wait for the speech of Mr Stanhope, the lawyer amongst us, who no doubt will get up and tell us how we are able to circumvent Part VIIIA.

Mr Stanhope: I noticed you took great notice of the legal opinions on the no-confidence, Dave. You didn't have the guts.

MR TEMPORARY DEPUTY SPEAKER: Order! The Leader of the Opposition will come to order.

Mr Stanhope: Oh, was I out of order?

MR TEMPORARY DEPUTY SPEAKER: You were, sir, and you should know better, as Leader of the Opposition.

Mr Kaine: I raise a point of order, Mr Speaker. We have at least three lawyers in this place. Can we get an opinion from all of them before Mr Rugendyke votes?

MR TEMPORARY DEPUTY SPEAKER: There is no point of order.

MR RUGENDYKE: The point of my remark is that I eagerly await Mr Stanhope's speech so that he can tell us how we are able to circumvent Part VIIIA. If he cannot, I will be interested to see how he supports his ex-leader when the time comes for a vote. I am sure that Jon will be able to support Mr Berry on this, knowing full well that the motion is unsupportable and knowing full well that the numbers are not there.

At 5.00 pm the debate was interrupted in accordance with standing order 34; the motion for the adjournment of the Assembly having been put and negatived, the debate was resumed.

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