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Legislative Assembly for the ACT: 2000 Week 5 Hansard (9 May) . . Page.. 1236 ..
MR HUMPHRIES (continuing):
provided for that GST component of fees and charges which governments otherwise collect. To make it absolutely clear, it is not the government's intention to do any more with this legislation than to collect a tax in respect of a fee or charge.
Mr Berry: You have breached the principle.
MR HUMPHRIES: No, we have not breached the principle, Mr Berry. You do not understand. The principle is that we are obliged, as every other Australian government is obliged, to collect goods and services tax at the same time as we impose certain ACT government fees and charges. It is our obligation under the law of the Commonwealth of Australia to do that, but there is some doubt under the matching ACT law as to whether, at the same time as we collect the fee or charge, we can also collect the 10 per cent GST that goes with it. That is the intention of the government's bill. It is my advice from the Office of Parliamentary Counsel that our bill does no more than that.
However, I am aware of the fact that concerns have been raised by the scrutiny of bills committee. I think this is a matter we should take up with, and obtain proper advice about from, the Government Solicitor or Office of Parliamentary Counsel. We already have advice from parliamentary counsel but, if we need to, we can get advice from other sources as well, such as the Government Solicitor, and see whether the bill does in fact do the things that it has been suggested it does. I clearly state to the Assembly that is not the government's intention to do any more than I have said, and it is not the effect of our legislation, according to the Office of Parliamentary Counsel. However, there are doubts about that, and therefore I think it would be appropriate to defer debate on this bill until we have a chance to get further advice on the matter.
Question resolved in the affirmative.
MR SMYTH (Minister for Urban Services) (10.52): Mr Speaker, I ask for leave to present the Occupational Health and Safety Amendment Bill 2000 (No 2).
Leave granted.
MR SMYTH: Mr Speaker, I present the Occupational Health and Safety Amendment Bill 2000 (No 2), together with its explanatory memorandum.
Title read by Clerk.
MR SMYTH: I move:
That this bill be agreed to in principle.
Mr Speaker, members will recall that the coroner's report of the inquest into the death of Katie Bender recommended, amongst other things, that ACT WorkCover should be a statutory authority independent of any departmental control. The government brought to the Assembly late in 1999 a bill that would give effect to this recommendation.
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