Page 2794 - Week 08 - Thursday, 11 August 2016
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apply to the agency or minister for a waiver of a fee associated with the application. Of course, if a member makes an application for information that meets the test for information that is of special benefit to the public, the fee should be waived. But this would also be the case if the application were made by any other member of the community.
MRS DUNNE (Ginninderra) (4.30): The Canberra Liberals will be opposing this amendment. There has been a long and controversial history in relation to fee waivers. Back in probably 2004-2005 there was a practice of automatic waiver for members but as members became more inclined to use the Freedom of Information Act it became more difficult and more expensive and it has become prohibitive.
I disagree with the argument from the attorney that members of the Legislative Assembly are just like any other members of the community. They often act on behalf of members of the community in obtaining information and, quite frankly, if this legislation works the way it should there will be fewer and fewer instances when members will be seeking information because most of that information should already be out there.
MR RATTENBURY (Molonglo) (4.31): I will be opposing this amendment.
Amendment negatived.
MR CORBELL (Molonglo—Deputy Chief Minister, Attorney-General, Minister for Health, Minister for Police and Emergency Services and Minister for the Environment and Climate Change) (4.32): I move amendment No 48 circulated in my name [see schedule 2 at page 2854]. This deals with transitional regulations.
This amendment allows the executive to make regulations dealing with transitional matters. The regulations may modify the transitional part of the act for anything that has not been adequately or appropriately dealt with. The power to make transitional regulations will expire after 12 months. New section 201A(2) enables the making of a regulation that modifies the act. A regulation under this section may only modify the transitional part of the act and only if the executive is of the opinion that the part does not adequately or appropriately deal with a transitional issue.
New section 201A(3) gives a transitional regulation full effect. A transitional regulation will operate in the same way as if it were made by an act. This section of course does not authorise the making of a regulation limiting further enactments of the Assembly itself. This provision is an important mechanism to ensure that transitional issues are able to be resolved and the power is limited to transitional matters. Having the ability to make transitional regulations will assist if unforeseen circumstances arise in the implementation of the act.
Given the concessions made by other members in the debate today that there will probably be a need for such transitional corrective action to be undertaken in the new Assembly, I think it is wise to agree to this amendment.
MR RATTENBURY (Molonglo) (4.33): I will be opposing this clause. This takes the nature of a Henry VIII clause, as they are commonly referred to, and that is
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