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Legislative Assembly for the ACT: 2006 Week 6 Hansard (8 June) . . Page.. 1894..


MR CORBELL (continuing):

Assembly earlier this year. This is a matter of significant importance and the government proposes that it be given priority by it being debated first this morning.

Question resolved in the affirmative, with the concurrence of an absolute majority.

Address to Governor-General

MR CORBELL (Molonglo—Attorney-General, Minister for Police and Emergency Services and Minister for Planning) (10.34): I move:

That, pursuant to standing order 268, this Assembly makes the following Address to His Excellency the Governor-General:

YOUR EXCELLENCY:

The Legislative Assembly for the Australian Capital Territory respectfully submits the following Address to His Excellency the Governor-General of the Commonwealth of Australia:

Under section 35 of the Australian Capital Territory (Self-Government) Act 1988, the Governor-General may disallow or recommend amendments to a law made by the parliament of the Australian Capital Territory.

The Australian Capital Territory has been advised that the Commonwealth proposes to recommend that the Governor-General disallow the Civil Unions Act 2006, a law made by the parliament of the Australian Capital Territory.

While understanding that the Governor-General neither represents the Crown in relation to the Australian Capital Territory nor acts on advice of the Executive of the Australian Capital Territory, the parliament of the Australian Capital Territory directs your attention to the unusual circumstances presented by section 35 of the Australian Capital Territory (Self-Government) Act 1988 and respectfully submits that in considering advice from the Federal Executive Council the following matters should be taken into consideration.

The Australian Capital Territory is a body politic with a plenary grant of power.

Members of the Australian Capital Territory parliament are elected by free election on the basis of pre-election commitments made known to the electorate. The election of members on the basis of pre-election commitments, including commitments relating to the Civil Unions Act 2006, gives members of the Assembly a political mandate to pursue the commitments.

Members of the present Australian Capital Territory parliament debated and passed the Civil Unions Act 2006.

The Civil Unions Act 2006 is a lawful exercise of the legislative power of the parliament of the Australian Capital Territory, made in pursuance of a political mandate given the parliament by the people of the Australian Capital Territory.

By convention, the Crown seldom intervenes once a law is made, so as to delay or frustrate the commencement of the law, save in unusual circumstances where the law because of its exceptional circumstances might be beyond the power of the parliament or is otherwise defective.


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