Page 98 - Week 01 - Tuesday, 12 February 2008
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I am mindful of the fact that the courts will usually have recourse to the intention of the legislature over the literal meaning of an act in these kinds of cases. This may of course mean that the error would present no serious legal difficulties. However, there is always the risk that it may do so; for that reason, I am putting my comments onto the Hansard record. Moreover, it is my view that, if we need to fall back on such a rule of legislative interpretation, we should be a little more careful in our drafting in the first place. Since we have an opportunity to correct the error now, I believe it would be prudent to do so.
MR STANHOPE (Ginninderra—Chief Minister, Treasurer, Minister for Business and Economic Development, Minister for Indigenous Affairs, Minister for the Environment, Water and Climate Change, Minister for the Arts) (5.39): As members would be aware from the sheet in relation to this, both Mr Mulcahy and I moved amendments to the same section, designed essentially to achieve the same purpose. My advice is, unsurprisingly, that the government draft amendment is more elegant than the amendment drafted by Mr Mulcahy, but I am advised that they essentially achieve the same purpose. I am in that sense happy to defer to Mr Mulcahy’s amendment despite a belief that the government’s amendment is superior.
Amendment agreed to.
Clause 177, as amended, agreed to.
Clauses 178 to 190, by leave, taken together.
MR STANHOPE (Ginninderra—Chief Minister, Treasurer, Minister for Business and Economic Development, Minister for Indigenous Affairs, Minister for the Environment, Water and Climate Change, Minister for the Arts) (5.40): I seek leave to move amendments Nos 17 to 19 circulated in my name together.
Leave granted.
MR STANHOPE: I move amendments Nos 17 to 19 circulated in my name together [see schedule 1 at page 112].
These are very minor technical changes to language, particularly in relation to clause 178 (1), amendment 17. Amendments 18 and 19 are amended notes to proposed sections which have been amended for the sake of clarity.
Amendments agreed to.
Clauses 178 to 190, as amended, agreed to.
Clauses 191 to 193, by leave, taken together.
MR STANHOPE (Ginninderra—Chief Minister, Treasurer, Minister for Business and Economic Development, Minister for Indigenous Affairs, Minister for the Environment, Water and Climate Change, Minister for the Arts) (5.41): I move amendment No 20 circulated in my name [see schedule 1 at page 112].
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