Page 6156 - Week 19 - Tuesday, 17 December 1991

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Mr Collaery: Mr Speaker, may I address the section 65 part? If you refer to proposed subsection 2B in the amendment, I believe you will see that the matter is wholly within the discretion of the Attorney; that is, wholly within the discretion of government. It makes no charge, on my advice. I was pleased to receive initial advice from Parliamentary Counsel that, as originally requested, my draft would possibly have offended section 65.

I am now of the view that, as drafted, it gives the Attorney the discretion, if he is so minded, on the balance of public interest and civil liberties and fairness and on the balance of article 14 of the International Covenant on Civil and Political Rights, to do what is occurring in New South Wales. We do not reflect the proper standards for defendants in this Territory. It is a matter that I wanted to fix during this sitting of the Assembly. Here is a chance for the Assembly to stand up for civil liberties. It would take five minutes if we were to sit down and stop arguing. It would not give anyone the right to a transcript. It would give the Attorney scope to have it provided to people if they felt they were deeply prejudiced. I call upon the Attorney to do this, in the spirit of the International Covenant on Civil and Political Rights.

MR SPEAKER: Mr Collaery, I think I will support the objection of Mr Connolly on this issue.

Mr Collaery: Very well. Thank you, Mr Speaker.

Question resolved in the affirmative.

Bill agreed to in principle.

Leave granted to dispense with the detail stage.

Bill agreed to.

LIQUOR TAX BILL 1991

[COGNATE BILL:

LIQUOR TAX (CONSEQUENTIAL PROVISIONS) BILL 1991]

Debate resumed from 12 December 1991, on motion by Ms Follett:

That this Bill be agreed to in principle.

MR SPEAKER: I understand that it is the wish of the Assembly to debate this order of the day concurrently with order of the day No. 7, the Liquor Tax (Consequential Provisions) Bill 1991. There being no objection, that course will be followed. I remind members that in debating order of the day No. 6 they may also direct their remarks to order of the day No. 7.


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