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Legislative Assembly for the ACT: 2011 Week 07 Hansard (Tuesday, 28 June 2011) . . Page.. 2627 ..


not release its legal advice. If the government are certain of their case, then, of course, in this new era of openness and accountability that the Chief Minister has heralded, they would have absolutely no trouble in tabling that legal advice. I am sure the minister has got a copy of it in his briefing folder with him there.

If we do not see that legal advice, then I think we are free to ask two questions: how open and accountable is the new regime under Katy Gallagher and how strong are the government in their conviction that they have the legal force to do this? If it was clear in their legal advice I think they would be, as we have seen on numerous occasions before where they know they are on a winner, tabling the legal advice without any worries at all. It is where it is of either uncertain or dubious value that the government withhold their legal advice. Where we are looking to provisions of an act from another jurisdiction to validate what the government do, I think we need to be very clear in the interpretation of the other act.

The legal advice I have before me says there is doubt. Indeed, they are saying that it is contrary to the provisions of the Corporations Act. I think it would be a very dangerous path to build a house of cards on some sand that may well collapse in on the government and indeed on the Assembly. I suspect we will be back, if this amendment fails, to amend this in time to come, simply because when it is tested it is my belief it will fail.

Question put:

That Mr Smyth’s amendment be agreed to.

The Assembly voted—

Ayes 5

Noes 10

Mr Coe

Mr Smyth

Mr Barr

Mr Hargreaves

Mrs Dunne

Dr Bourke

Ms Hunter

Mr Hanson

Ms Bresnan

Ms Le Couteur

Mr Seselja

Ms Burch

Ms Porter

Mr Corbell

Mr Rattenbury

Question so resolved in the negative.

Amendment negatived.

Clause 9 agreed to.

Clauses 10 to 17, by leave, taken together and agreed to.

Clause 18.

MR BARR (Molonglo—Deputy Chief Minister, Minister for Economic Development, Minister for Education and Training and Minister for Tourism, Sport and Recreation) (11.59), by leave: I move amendments Nos 2 and 3 circulated in my name together [see schedule 1 at page 2764]. I apologise to the Assembly as I got ahead of myself on the previous one and have already raised these amendments. These


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