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Legislative Assembly for the ACT: 2004 Week 10 Hansard (26 August) . . Page.. 4341..

Mr Wood: So?

MS DUNDAS: I am getting to my point, Minister. I cannot read most of the notes. I have read through the typed material and it does not actually refer to a photo. But as the government has put forward, the question that Mrs Cross asked specifically did refer to a photo. I have no problem with supporting this motion that if there is a photo, it should be tabled.

MR SMYTH (Leader of the Opposition) (3.47): Mr Speaker, the opposition will not object to the motion, but Mrs Cross can only table that which she has in her possession. I do not believe that even the question or the stat dec actually says she has control of the photo or has the photo in her possession. So the motion can certainly be passed but the Assembly cannot force Mrs Cross to do something that is impossible if she does not have possession of the photo.

MRS CROSS (3.47): Mr Speaker, I seek leave to speak again.

Leave granted.

MRS CROSS: Mr Speaker, I can only table that which is in my possession. As Mr Smyth said, I cannot table anything that is not within my possession.

Ms Gallagher: So there is no photo?

Mr Hargreaves: So there is no photo?

MRS CROSS: No comment.

MR STANHOPE (Chief Minister, Attorney-General, Minister for Environment and Minister for Community Affairs) (3.48), in reply: Mr Speaker, I have perused the statutory declaration. The statutory declaration was made by David Anthony Cross and is a record of a telephone call from an anonymous constituent.

Mr Quinlan: Oh!

Ms MacDonald: Well that's totally believable!

MR STANHOPE: The constituent-

Mr Cornwell: Oh come on-you are always going on about privacy.

MR SPEAKER: Order, members! The Chief Minister has the floor.

MR STANHOPE: The person who made this telephone call, a constituent, is not named. The statutory declaration was made by a member of staff of Mrs Cross, a David Anthony Cross. The statutory declaration does not contain any reference to a photograph or a photographic flash over my left shoulder. I do not know where the photograph comes from but, I must say, I still look forward to seeing the photograph, if it is in existence. It must have been provided, I think, by another constituent. The constituent, the subject of

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