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Legislative Assembly for the ACT: 1995 Week 9 Hansard (23 November) . . Page.. 2542..


Ms McRae (continuing):

My understanding of what you are saying is that you are ruling her amendment out of order because the words "any other Act" would then become entrenched and go beyond the charter of the current title. If you are ruling it out of order on that basis, then it must ipso facto mean that the 1993 amendment is entrenched.

MR SPEAKER: I know that it is late. I said that I was also ruling it out of order because of the motion that we passed earlier this sitting, and that is:

That this Assembly reaffirms the principles of the Westminster system embodied in the "financial initiative of the Crown" and the limits that that initiative places on non-Executive members in moving amendments other than those to reduce items of proposed expenditure.

I could rule it out of order on that ground; and I do so. I am also happy to take on notice, as I said earlier, and seek a legal opinion on the second area. If it proves that the amendment is not out of order on the second ground, it certainly is on the first. There is no impediment to ruling it out of order at this stage. I will seek legal opinion on the matter that you raised.

Proposed new clause 11A

MS HORODNY (3.51 am): I move:

That the following new clause be added to the Bill:

"11A. (1) The Executive shall not use money appropriated by this or any other Act for the purposes of reducing the standard of public transport services provided [including current standards relating to frequency, proximity to bus stops or total operating hours].

"(2) Nothing in this section will limit the Executive amending existing routes or adding new routes.".

MR SPEAKER: I rule it out of order for the same reasons as I ruled out your colleague Ms Tucker's amendment.

Title

MS TUCKER (3.51 am): The right of members of this place to vote against the Government's budget is an important and fundamental aspect of protecting the people of the ACT against unfettered executive power.

Mr Hird: On a point of order, Mr Speaker: What is the member talking about, and in what regard is she addressing the Chair?

MR SPEAKER: She is speaking to the question "That the title be agreed to", and she is entitled to do so.


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