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Legislative Assembly for the ACT: 2000 Week 7 Hansard (27 June) . . Page.. 2072 ..
MR OSBORNE (continuing):
Current taxation laws in the ACT violate more than 700 years of constitutional practice beginning with Magna Carta, Liberal MLA Gary Humphries said yesterday.
The ACT remained the only place in Australia where rates, payroll tax, stamp duty, tobacco, petroleum and alcohol licence fees are altered by "ministerial discretion".
In practice, what this meant was to change guidelines relating to these major forms of raising taxes in the ACT all that was needed was a signature and a notice in the Gazette.
And this could not be altered until the Assembly next met and if they saw fit, change the determination.
Mr Humphries said that this practice was unacceptable.
"Obviously it suits the public servants because they can make them and worry about justifying them later on," he said.
"It is my personal view that the ACT should only be subjected to increased taxation through an Act of Parliament."
The second one, once again quoting Mr Humphries, reads:
ACT tax laws defy the Magna Carta according to Liberal Gary Humphries.-
excuse my giggling in the middle of this, Mr Speaker, but I just cannot help it-
The ACT is probably the only State or Territory in Australia which allows the Government to increase taxation without passing an Act of Parliament, says Mr Humphries.
Expressing a personal view, Mr Humphries said that this practice was unacceptable.
"In other states and territories, taxation can only be increased by legislation where the measures are fully debated and put to the vote."
Mr Humphries goes on to say:
"The Magna Carta, drawn up in 1215, was specifically designed to curb the excessive powers of a king that had relentlessly taxed and appropriated the possessions of his subjects.
"The document specified that no ... forms of taxation ... could be levied without approval of 'the common counsel of the realm'.
"It is my personal view that the ACT should conform to the practice of other States and Territories and the principles laid down in the Magna Carta.
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