Page 4407 - Week 14 - Tuesday, 22 November 2005

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If a minister proposes to participate in a negotiation for an interstate agreement, he or she shall comply with subsection (3) as soon as practicable after becoming aware of the impending negotiation.

It is not when we are going to sign it, not when we propose to participate in negotiation, not after we have been in negotiation, not down the track, but when we start. This has probably not been complied with since 1997. The scrutiny of bills report actually says that the scrutiny committee was informed of only one such agreement.

What is it that is asked of the minister? What is so onerous that we are now going to repeal this act? Section 6 (3) states:

A minister shall, in writing, inform each member of the Legislative Assembly of—

(a) the nature of the negotiation or proposed legislation;

(b) any timetable for the negotiation or proposed legislation;

(d) any position the Minister is taking, or intends to take, in the negotiation.

So that is the role of our representatives on the executive and ministerial forums, and rightly so. I think we have probably all fallen down on this in the past. Section 7 refers to consultation regarding agreements. Section 8 (1) states:

A Minister shall not, on behalf of the Territory, enter into a proposed interstate agreement until either—

(a) a recommendation made by a committee consulted in accordance with section 7 has been received; or

(b) 6 days have elapsed since the consultation was undertaken in accordance with section 7.

Section 7 basically requires that a minister must consult with the appropriate standing committee nominated by you, Mr Speaker, and with the Standing Committee on Justice and Community Safety. There are actually two committees that must be consulted on every interstate agreement. I suspect that both sides have fallen down on this requirement.

But that is what we are repealing today, members. It was put to the Assembly a month ago and, 30-odd days later, it is being repealed. We are going to replace it with a different system, a non-legislative system that involves placing a lot of trust in the government. In his tabling speech, the Chief Minister said:

Following a review by my department of the operation of the act, the government has decided to replace the limited consultation provisions of the act with a range of new, non-legislative intergovernmental consultation measures.

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