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Legislative Assembly for the ACT: 2000 Week 3 Hansard (9 March) . . Page.. 895 ..
MR QUINLAN (continuing):
there has been a clear statement by the Chief Minister that these expressions of interest were not tenders. It is important to note that we are not talking about $5,000, $50,000, $500,000 or even $5m worth of assets or value. We are talking about extremely large amounts of money.
I believe the Territory needs to protect itself by being absolutely certain that what it has done to date can stand close examination now rather than at a later date when it could all come unstuck. It could come unstuck if some of the other organisations that are setting up in retail electricity or retail energy decide to challenge it. It looks like it is fairly predatory out there, and some of those organisations will have deep pockets. I would not like to see the Territory fighting a legal battle if it were totally unnecessary.
I believe it is incumbent on every responsible MLA in this place to ensure that that is where the examination starts. The terms of reference have been cobbled together using terms of reference already set down for the probity auditor of South Australia. It had enough wit to appoint a probity auditor from the very beginning. In fact, that probity auditor was appointed by the legislature. So the independence and the appearance of independence were both quite clear. The people of South Australia could rest in the knowledge that at least what had happened satisfied due process. The other terms of reference flow fairly naturally from that. I strongly commend this particular motion to the Assembly.
MR HUMPHRIES (Treasurer, Attorney-General and Minister for Justice and Community Safety) (10.37): I think it is appropriate to consider the appointment of a probity auditor to oversee the process from this point onwards. I do not disagree with much of what Mr Quinlan has said, but I have suggested some amendments to the motion which Mr Quinlan has moved. Mr Speaker, I seek leave to move the two amendments together.
Leave granted.
MR HUMPHRIES: I move:
(1) After the words "Standing Committee on Finance and Public Administration (incorporating the Public Accounts Committee)", insert ", on Friday 10 March 2000,".
(2) Omit all words after "the following principles:", substitute:
(1) following passage of the ACTEW/AGL Partnership Facilitation Bill, to ensure that due process is followed at all stages of negotiation of the proposed Joint Venture between ACTEW and AGL;
(2) to ensure that, by the provision of proper, independent professional advice, the interests of ACTEW and its shareholders are protected and that any agreement is fair and equitable;
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