Page 2180 - Week 06 - Tuesday, 21 June 2011
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Ms Gallagher interjecting—
Mr Coe interjecting—
MR SPEAKER: Mr Coe, Ms Gallagher, Mrs Dunne has the floor, unless you want to leave.
MRS DUNNE: Getting back to the substantive issue, the scrutiny of bills committee made a very important point which goes to the heart of what is wrong with this legislation. Section 276D of the act would empower the Treasurer to determine the rate of the charge. As I have said before, the committee went out of their way to have a small exposition in the report about what the difference is between a tax and a charge, and it says:
A tax is generally defined as a “compulsory exaction of money by a public authority for public purposes, enforceable by law, and not a payment for services rendered”.5 The LVC would not characterised as a charge or a fee because there is no discernable relationship with the value of what is acquired upon payment of the LVC.
So the scrutiny of bills committee has said that section 276D delegates to the Treasurer a power which is customarily the responsibility of the legislature. This is a very important issue. The Treasurer, by this clause, has the power to determine the value of the lease variation charge almost without reference to the legislature.
If this legislature passes this today, they give up the right, which is a constitutional right. Mr Barr and Ms Gallagher may think that is amusing, but it is a constitutional right entrusted to us in this place to set the taxes for the people of the ACT. By agreeing to pass this legislation today, the Greens and the Labor Party say that it is all right to take that power away from the legislature, where it should rest, and give it to one person. This is entirely inappropriate, and it should be a matter of considerable concern.
Ms Hunter: Except we have got amendments.
MRS DUNNE: Ms Hunter says that she has an amendment to this, but her amendment, as she described it in her comments, is probably the least desirable solution to this matter. Section 276D derogates our rights and our responsibilities to the Treasurer, which is an unfortunate constitutional conundrum for us.
The Standing Committee on Justice and Community Safety raises these issues and also suggests some remedies for them. The most appropriate remedy, of course, would be to put the fees and charges in a schedule to the act where they are up front and clear for everyone to see. But of course, the government are not ready to do that. They have not got to the stage where they could create a schedule for the act. So they expect us in this place, on behalf of the people of the ACT, to pass a piece of legislation and then say: “Don’t worry; you can trust Katy Gallagher. She will impose the tax upon you at a time of her choosing.”
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