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Legislative Assembly for the ACT: 1995 Week 9 Hansard (23 November) . . Page.. 2574..


APPENDIX 6: Incorporated in Hansard on 23 November 1995 at page 2368.

Australian Capital Territory

Attorney General's Department

Constitutional and Law Reform Branch

SUBJECT: APPROPRIATION BILL 1995 - Section 65 of the

Australian Capital Territory (Self-Government) Act 1988

Mr M McRae

Clerk of the Assembly

LEGAL OPINION

Questions and Short Answer

Question 1

Is it possible for a member, who is not a Minister, to move an amendment to the Appropriation Bill 1995 that would have the effect of transferring funds from Division 250 - Treasurers Advance to one of the Divisions relating to education (either 180 or 190) or would this infringe section 65 of the Australian Capital Territory (Self-Government) Act 1988?

Short Answer

It would not be possible for a member, who is not a Minister, to move an amendment to the Appropriation Bill 1995 that would have the effect of transferring funds from the Treasurer's advance to one of the education appropriation units. It would be a breach of section 65.

Question 2

Would a transfer of funds within a Division, as opposed to between Divisions, infringe section 65?

Short Answer

No.


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