Page 2516 - Week 07 - Wednesday, 17 June 2009

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find it extraordinary that the Attorney-General of this place does not have a problem with that provision. I would have thought that provision would be equally as dangerous and equally as undemocratic as section 35(2). In fact, I would think that that is a far more serious scenario. I have got to agree with former Chief Minister Rosemary Follett, who spoke on this issue at some of the events for the 20-year anniversary. She said that if it was not needed in those crazy times in the First Assembly, it would probably never be needed.

We have a situation where the Labor Party and the Greens have said they do not like section 35(2) and that this is the way forward. I will deal with Ms Hunter’s motion and then I will move in more detail on to Mr Corbell’s proposed amendment and about where some of the negotiations broke down. At one point, we actually did believe we had an agreement. We came to an agreement with the Greens; we believed the Labor Party was going to support that, and then, at some point in the process, we were given Mr Corbell’s amendment essentially as a fait accompli. I think that is disappointing. If there was a genuine desire to get tripartisan support, Mr Corbell did not demonstrate it. Maybe he did early on, but we actually saw that fall away, and that is unfortunate.

The point I make about section 16 is that it is the problem with both the original, very narrowly cast motion and, indeed, the amendment moved by Mr Corbell—that is, they focus on specific areas and draw judgements about section 35(2) but say nothing about section 16. Our alternative way forward—I will move an amendment to Mr Corbell’s amendment circulated in my name—actually takes a different approach—

MADAM DEPUTY SPEAKER: So the question will be that Mr Seselja’s amendment to Mr Corbell’s proposed amendment to Ms Hunter’s motion be agreed to.

MR SESELJA: Thank you, Madam Deputy Speaker. I move:

Omit all words after the end of paragraph (1), substitute:

“(2) notes that the Australian Capital Territory (Self-Government) Act 1988 carries a number of provisions that now may be redundant or restrictive in terms of their impact on the government for and governance of the Territory;

(3) resolves that the Assembly’s Standing Committee on Justice and Community Safety undertake a review of the Australian Capital Territory (Self-Government) Act 1988 and related matters to:

(a) determine whether it continues to provide the best model for effective and democratic self-government for the ACT;

(b) consider what recommendations might be made and presented to the Commonwealth as a way forward for amendments to the Act; and

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