Page 1895 - Week 06 - Thursday, 8 June 2006
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The Commonwealth has indicated publicly that it will seek to disallow the Civil Unions Act 2006 on the basis that it trespasses on a legitimate area of Commonwealth policy, namely that dealt with in the Marriage Act.
The Australian Capital Territory disagrees with the proposition that the Civil Unions Act 2006 has such an effect.
However, mindful of the need for legislatures to operate cooperatively within a federal system, the Australian Capital Territory stands ready to consider amending the Civil Unions Act 2006 were the Governor-General to make recommendations concerning the amendment of the Act, to resolve any outstanding ambiguities.
The Australian Capital Territory does not seek to interpose contrary advice to that which might be provided to the Governor-General by the Federal Executive Council.
Instead it makes the following points:
(1) This is the first time that the Governor-General will be requested to disallow a law of the Australian Capital Territory under section 35. This is an exceptional request, which will inevitably form the basis for future precedent, not just in relation to the Australian Capital Territory, but in relation to self-governing territories and other polities, including the Commonwealth itself.
(2) It is submitted that the power to disallow does not exist at large, but is constrained by ordinary convention in relation to Crown consideration of new legislation.
(3) The Australian Capital Territory stands ready to consider amending the Act in accordance with any recommendation made by the Governor-General under subsection 35 (4) of the Australian Capital Territory (Self-Government) Act 1988.
Mr Speaker, when you walk into this place every day, you are escorted by our Serjeant-at-Arms carrying the Mace of this Assembly. Whilst many would regard this as a somewhat quaint display of ceremony, it nevertheless continues to portray an important message. The message is that this parliament has the power to make laws for the people of the Australia Capital Territory. The Mace and your presence in this chamber or that of your deputies asserts that this parliament has the capacity, the power and the mandate to make laws for the peace, order and good government of the ACT.
On Tuesday that power and responsibility was challenged by the federal Howard government, a government which has no mandate to make laws for the people of the Australian Capital Territory, as they relate to the Australian Capital Territory. The Howard government has no electoral mandate, no political mandate, simply no authority to make laws for people of the ACT.
Members would know that we were advised on Tuesday that the federal cabinet intends to advise His Excellency the Governor General to override our civil unions legislation. Whether or not you agree with the substance of this legislation—and I know a majority of members in this place do—there is a broader challenge laid down to us by the decision
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