Page 2352 - Week 06 - Thursday, 10 May 2012
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occurrence that might occur that could otherwise be remedied through regulation. It is not there to undermine the principles of the separation of powers. As we have with other legislation, it is a useful tool available and it is, of course, subject to disallowance.
MR SESELJA (Molonglo—Leader of the Opposition) (12.34): The Canberra Liberals will not be supporting this amendment. I think it is ill considered. We need to retain some flexibility through regulations to deal with circumstances as they arise. If we were to take this power out, it would potentially have a lot of unforeseen consequences. The executive needs to have the opportunity in certain circumstances to respond with regulation. Of course, nothing could be done that would be inconsistent with the act anyway, so we do not believe this amendment should be supported.
Amendment negatived.
Clause 20 agreed to.
Clauses 21 to 53, by leave, taken together and agreed to.
Schedule 1.
MS GALLAGHER (Molonglo—Chief Minister, Minister for Health and Minister for Territory and Municipal Services) (12.36), by leave: I move amendments Nos 1 to 6 circulated in my name together [see schedule 3 at page 2467].
I am moving amendments to schedule 1 part 1.3, amendments to the Financial Management Act 1996, because the government recognises the principles that underpin the proposal for a separate appropriation bill for the Office of the Legislative Assembly but does not consider that we need to go to the extent of a separate appropriation bill in this jurisdiction. The government considers appropriate transparency can be provided through the separate presentation of the office’s budget in the appropriation bills that appropriate money for all the purposes of the ACT government, including the judiciary.
Currently section 20 of the Financial Management Act provides a mechanism for the Speaker to advise the Treasurer of a draft budget and appropriation for the Secretariat for the financial year. The legislation does not obligate the Speaker to make a recommendation, nor does it require the Treasurer to accept the Speaker’s advice without question or prevent that advice from being considered in the context of wider budget considerations.
This bill will substitute section 20 with new sections 20 and 20AA. Under the proposed sections 20 and 20AA, the Speaker would be required to advise the Treasurer of the budget and appropriation the Speaker considers necessary for the Office of the Legislative Assembly for the financial year. The Treasurer would present to the Assembly a separate appropriation bill for the Office of the Legislative Assembly and, if the amount in the appropriation bill is less than that proposed by the Speaker, the Treasurer would be required to provide the Assembly with a statement of reasons for departing from the recommended approach.
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