Page 2406 - Week 07 - Wednesday, 17 June 2009
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Preamble
The passage, in the Commonwealth Parliament, of the Australian Capital Territory (Self-Government) Act 1988 established, as a body politic under the Crown, the Australian Capital Territory. The Act established a Legislative Assembly for the Australian Capital Territory with a plenary grant of legislative powers to legislate for the peace, order, and good government of the Territory.
The Legislative Assembly for the Australian Capital Territory is constituted of 17 representatives of the people of the Australian Capital Territory; duly and democratically elected pursuant to the Electoral Act 1992.
On 11 May 2006, the Legislative Assembly for the Australian Capital Territory enacted the Civil Unions Act 2006.
On 19 May 2006, the Civil Unions Act was notified on the Australian Capital Territory Legislation Register and became the law of the Territory.
Subsection 35(2) of the Australian Capital Territory (Self-Government) Act 1988 provides that the Governor-General may, by legislative instrument, disallow a Legislative Assembly enactment within six months after it is made.
On 13 June 2006, the Governor-General, pursuant to subsection 35(2) of the ACT Self-Government Act and acting on the advice of the Executive Council, issued an Instrument of Disallowance voiding the Civil Unions Act 2006.
Grievances
The Legislative Assembly for the Australian Capital Territory presents its grievances to the Commonwealth Parliament. These are that:
(1) the exercise of the disallowance powers on 13 June 2006 constituted an antidemocratic interference in the affairs of the Australian Capital Territory, its parliament and its citizens, fundamentally undermining the principles of self-determination and self-government; and
(2) the continuing effect of the disallowance provisions contained in subsection 35(2) of the Australian Capital Territory (Self-Government) Act 1988 constitutes an arbitrary curtailment of legislative prerogatives of the Legislative Assembly and the democratic rights of the people of the Australian Capital Territory and creates a prevailing uncertainty as to the extent of the democratic remit that applies in the Australian Capital Territory.
The enactment of the Australian Capital Territory (Self-Government) Act 1988 by the Commonwealth Parliament was predicated on the fundamental democratic principle that citizens within a polity have the right to govern themselves. The second reading speech on the Self-Government Bill made by the Minister for the Territories underscored, in plain language, the intention of the bill “It will allow 270,000 people the same democratic rights and social responsibilities as their fellow Australians… In proposing self-government for the Territory, the Government has once again demonstrated its commitment to democracy for all.”.
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