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Legislative Assembly for the ACT: 2013 Week 14 Hansard (28 November) . . Page.. 4462..


itself. However, the effect of such orders and resolutions of the House on others outside the House may be a limited one.'

And it goes on to say:

Other than in relation to matters such as powers to send for persons, documents and records and its powers in regard to enforcing its privileges, decisions of the House alone have no legal efficacy on the outside world. The House, as a rule, can only bring about its power of direction into play in the form of an Act of Parliament—that is, only in concert with the other components of the legislature ...

I think that it is helpful to keep in mind that, in the context of this, the clear reading of the words implied to me, to others who raised it with me and to others that it was discussed with, the motion sought to have an effect which it had no legal capacity to do so.

As I said before, this matter was raised by my office with the Treasurer's office this morning. I think that they acted expeditiously to address the issues, and I thank the Treasurer and his staff for their diligence in this.

ACTTAB Ltd—proposed sale

MR BARR (Molonglo—Deputy Chief Minister, Treasurer, Minister for Economic Development, Minister for Sport and Recreation, Minister for Tourism and Events and Minister for Community Services) (4.50) Responding to your ruling, Madam Speaker, I seek leave to amend my notice No 6, executive business, in the terms circulated to members.

Leave granted.

MR BARR I move the amended motion in my name:

That this Assembly:

(1) approves the disposal of the Territory's interest in ACTTAB Limited:

(a) subject to the passing of an amendment by the Assembly to the Territory-owned Corporations Act 1990 to remove ACTTAB Limited from Schedule 1 to the Territory-owned Corporations Act 1990, by way of a sale of the ACTTAB Limited shares held by the Territory; or

(b) in accordance with section 16(4) of the Territory-owned Corporations Act 1990, by way of a sale of the main undertakings of ACTTAB Limited; and

(2) approves the Voting Shareholders making amendments to the Constitution of ACTTAB Limited in the event of a share sale in order to replace provisions relating to Ministers, the Voting Shareholders, the Auditor-General and specific obligations relating to the Territory-owned Corporations Act 1990. This would ensure the ACTTAB constitution is then suitable for a private company.


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