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Legislative Assembly for the ACT: 2011 Week 13 Hansard (Tuesday, 15 November 2011) . . Page.. 5263 ..


I can advise the house that occasionally this house seeks the application of Henry VIII clauses without justification and the committee has commented adversely on it. Occasionally we have seen the inclusion of clauses stating that a section has effect despite anything in another territory law. That is not acceptable either. But almost uniquely, we see both of those two issues raising themselves in one piece of legislation. That needs to be pointed out. We would like to see those people drafting legislation take note of the fact that we find Henry VIII clauses abhorrent. Having a clause saying, “This section has effect despite anything in other territory law,” we find unacceptable as well. We want the drafters to take very serious note of this. I commend the report to the Assembly.

Sitting suspended from 10.49 am to 2 pm.

Rostered ministers question time

Statement by Speaker

MR SPEAKER: Before we get started with question time, I wish to make a statement concerning a rostered question on notice lodged by Mrs Dunne. Page 189 of the Assembly’s Companion points out:

The Assembly follows the practice of the House of Representatives in that a Member suspended from the Assembly is excluded from ‘chamber-related’ activities—the lodging of petitions, notices of motion … and matters of public importance.

Accordingly, Mrs Dunn’s question No 4 is out of order.

Mr Smyth: A point of order on that ruling, Mr Speaker. If that is the case, why was the question, when submitted, included in the draw? Why is it then included on the supplementary program and now deleted from the program, which of course denies the opposition a question?

MR SPEAKER: That was an oversight on my part, Mr Smyth, and in the advice I received. I am now correcting that.

Questions without notice

Environment—plastic bag ban

MR SESELJA: My question is to the minister for the environment and is in relation to the fines for businesses handing out plastic bags. Minister, I quote an interview on ABC radio on 1 November:

ROSS SOLLY: Does your legislation not say that businesses can face fines of up to $27,500?

SIMON CORBELL: No it doesn’t. That was a proposal … when the legislation was first presented but I’ve subsequently taken the decision to significantly wind back the fines.


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