Page 5045 - Week 17 - Wednesday, 12 December 1990
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words, Mr Speaker, on the advice of my Law Office - and I must say that this is hurried advice, but it is informed advice - all that the new Bill does is to add a new description. It proposes the same structure. So, I take that point of order, Mr Speaker; but I do not propose to adjourn this debate. I am not sure whether you want to rule on this now or take the matter on notice. I would like to address my point of order further, depending on how you respond.
MR SPEAKER: Mr Collaery, as you have advised the Assembly in your points just raised, the legal opinion you have obtained is made in an informed manner but not in a conclusive manner. I have not had the opportunity to take advice on this matter; therefore at this stage I am not prepared to uphold the point of order. I intend to report back to the Assembly on this matter. Under the provisions of standing order 171, the debate stands adjourned.
Debate adjourned.
LAKES (AMENDMENT) BILL 1990
Debate resumed from 12 September 1990, on motion by Ms Follett:
That this Bill be agreed to in principle.
MR COLLAERY (Attorney-General) (10.46): Mr Speaker, I have received a detailed legal opinion on this matter. Simply put, I believe that the Opposition should have approached the Government. We would certainly have given them credit for the amendment; but, on my legal advice, an approach to the Commonwealth Government is required so that a legal decision on this Bill can be made "within power" in some respects.
Mr Speaker, I will read from the opinion that I have been provided with. Mr Speaker, when the Legislative Counsel settles a draft Bill, he does two important things. He ensures that the Bill is prepared in accordance with the instructions to his office, and he ensures that the Bill is within the legislative power of the Assembly and that it would be legally effective.
Mr Speaker, when private members get Bills drafted by someone outside the Legislative Counsel's Office, even where that person is a careful draftsperson, the Assembly loses the benefit of those very important protections, and I note that this Lakes (Amendment) Bill was not drafted within the arrangements made. The Assembly loses the benefit of those two important protections that I have mentioned, and we should be very wary about accepting Bills drafted outside the parliamentary counsel process.
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