Page 3462 - Week 12 - Wednesday, 18 September 1991

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the provisions of the Act, these draft variations are tabled with the background papers, a copy of the summaries of each written comment, and a report on consultation with the National Capital Planning Authority.

PRIVILEGE
Statement by Speaker

MR SPEAKER: Members, I would like to make a statement with regard to privilege. Yesterday Mr Humphries gave written notice of a possible breach of privilege concerning a letter he received from the Deputy Chief Minister on the matter of his recent introduction of the Trading Hours (Amendment) Bill. In the letter Mr Berry stated:

... it is required that the Bill be withdrawn until consultation with the community is completed.

Under the provisions of standing order 71, I must determine whether or not the matter merits precedence over other business. If, in my opinion, the matter does merit precedence, I must inform the Assembly of the decision, and the member who raised the matter may move a motion without notice forthwith to refer the matter to the Standing Committee on Administration and Procedures.

I have considered the matter carefully and have concluded that a contempt may have occurred. House of Representatives Practice quotes May's definition of contempt as:

... any act or omission which obstructs or impedes either House of Parliament in the performance of its functions, or which obstructs or impedes any member or officer of such House in the discharge of his duty, or which has a tendency, directly or indirectly, to produce such results may be treated as contempt even though there is no precedent of the offence.

That comes from House of Representatives Practice, second edition, page 686. I will therefore give precedence to a motion of referral of the matter, should Mr Humphries wish to move one.

Before calling Mr Humphries, however, could I suggest that the matter is one that may be best dealt with by way of an apology. For the information of members, I table the letter to Mr Humphries and the letter from Mr Humphries to me.

Mr Berry: Is there one from me as well?

Mr Moore: Are you going to table the letter from Mr Berry as well?


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