Page 632 - Week 05 - Tuesday, 4 July 1989
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Act 1909 of New South Wales and the Seat of Government Acceptance Act 1909 of the Commonwealth.
I believe there is a need for the incorporation of constitutional considerations into the terms of reference of the proposed select committee inquiry into matters affecting self-government. This would widen the scope of the proposed inquiry into ACT self-government to include within its terms of reference an examination into the constitutional validity of three areas: firstly, whatever form of government it is proposed to examine per term of reference (1)(b), that is, the form of government most appropriate in the ACT taking into account responsibilities of State, territory, and municipal government; secondly, the concept of the reserving of powers and dispersal of powers and power sharing between the ACT Government and the Federal Government with regard to the term of reference item (1)(d), and it is important to bear in mind, and I will show this, that the constitutional reference to the exercise of powers in the ACT uses the term "exclusive"; thirdly, the long-standing concern in the minds of the community, as represented by such groups as the Referendum First Committee and others, about those constitutional issues relating to self-government within the ACT.
Mr Speaker, the proposed inquiry presents an excellent opportunity to arrive at a satisfactory determination. The relevant sections of the Constitution and the points raised are also three in number. The first refers to section 125 of the Commonwealth of Australia Constitution Act. This section begins:
The seat of Government of the Commonwealth...shall be vested in and belong to the Commonwealth, and shall be in the State of New South Wales...
Therefore, it can be viewed that, according to section 125, the Commonwealth does not have the authority to divest itself of that which constitutionally can only belong to itself.
The second point concerns section 52 of the Constitution, which states:
The Parliament shall, subject to this Constitution, have exclusive power to make laws for the peace, order, and good government of the Commonwealth with respect to -
(i) The seat of government of the Commonwealth...
Therefore, it can be viewed that, according to section 52, the Parliament has exclusive power to make laws for the seat of government, but cannot delegate or give away this power to a self-government.
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