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Legislative Assembly for the ACT: 2001 Week 2 Hansard (1 March) . . Page.. 462 ..


MR STEFANIAK: Mr Speaker, I move amendments No 2 and 3 circulated in my name [see schedule 1 at page 523].

Mr Speaker, amendment No 2 is a technical amendment to bring the language of clause 19 subsection (8) more closely into line with that of clause 116 (3). Under the bill, registrable instruments are not, strictly speaking, required to be notified, if you see clause 51. However, unless a registrable instrument is notified, it cannot commence-see clause 61-and is, therefore, unenforceable. Again, refer back to clause 50A.

Amendment No 3 is consequential on proposed clause 50A. It also relates to amendment 15 and the proposed revised clause 111, which is at amendment 25.

Amendments agreed to.

Clause 19, as amended, agreed to.

Clauses 20 to 30, by leave, taken together and agreed to.

Proposed new clauses 30A to 30H.

MR STEFANIAK (12.00): I now move amendment No 4 circulated in my name, which proposes new clauses 30A to 30H inclusive [see schedule 1 at page 523].

This amendment re-enacts, with minor technical changes, the provisions about regulatory impact statements that were inserted into the Subordinate Laws Act of 1989 by the Subordinate Laws Amendment Act 2000. That act was passed by the Assembly late last year, after the presentation of this particular bill. The Subordinate Laws Act 1989 is proposed to be repealed by the Legislation (Access and Operation) (Consequential Provisions) Bill 2000.

Proposed new clauses 30A to 30H agreed to.

Clauses 31 to 35, by leave, taken together.

MR STANHOPE (Leader of the Opposition) (12.02): Mr Speaker, I move amendment No 4 circulated in my name [see schedule 2 at page 538].

Mr Speaker, I did speak to these amendments when we debated the bill in principle. Just to reiterate the point briefly, I think this proposed amendment is quite reasonable. I think it is appropriate that in this particular piece of legislation we reconfirm our commitment to some notion of executive responsibility for the actions of the executive.

I think it is an important principle that, when the executive-that is, the cabinet-acts, it is quite clearly understood and signalled by all of us that an act of a member of the executive purporting to act as the executive is an action of the executive-not just one or two of the members of the executive but all of the members of the executive.

As members know, this particular amendment arose out of the decision by the government, the executive, the cabinet, to produce regulations in relation to abortion. In that particular instance, two members of the executive, carrying out an executive


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