Page 4610 - Week 15 - Wednesday, 15 December 1993
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STAMP DUTIES AND TAXES (AMENDMENT) BILL (NO. 4) 1993
Debate resumed from 24 November 1993, on motion by Mr Kaine:
That this Bill be agreed to in principle.
MADAM SPEAKER: Members, on Wednesday, 24 November 1993, Mr Kaine presented to the Assembly the Stamp Duties and Taxes (Amendment) Bill (No. 4) 1993. I examined the Bill and I noted that clauses 4 and 5 are the same in substance as amendments moved by Mr Kaine during the detail stage of the Stamp Duties and Taxes (Amendment) Bill (No. 2) 1993 on 21 October 1993. Those amendments were subsequently negatived by the Assembly. Standing order 136 states:
The Speaker may disallow any motion or amendment which is the same in substance as any question, which, during that calendar year, has been resolved in the affirmative or negative, unless the order, resolution or vote on such question or amendment has been rescinded.
There have been precedents in this Assembly when Bills infringing this standing order have been ruled out of order and ordered to be withdrawn. I therefore rule the Bill out of order and I call on a Minister to move the appropriate motion under standing order 170.
Mr Kaine: Madam Speaker - - -
MADAM SPEAKER: No; I am calling on a Minister to move the appropriate motion under standing order 170, Mr Kaine.
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (11.17): I am here to help, Mr Kaine. I move, pursuant to standing order 170:
That the Stamp Duties and Taxes (Amendment) Bill (No. 4) 1993 be withdrawn.
MR HUMPHRIES (11.18): Madam Speaker, I move for the suspension of so much of the standing orders - - -
MADAM SPEAKER: You can just vote against the motion, Mr Humphries. There is a motion before us, Mr Humphries, and you can vote against it.
MR HUMPHRIES: Madam Speaker, it is quite apparent that the issue dealt with in Mr Kaine's Bill, by agreement on both sides of the chamber, following the Chief Minister's realisation that the matters raised in particular by the Liberal Party during debate on the earlier legislation dealing with stamp duties and taxes, needs to be revisited. Mr Kaine's Bill reinstates the concerns that the Liberal Party expressed at the time of the debate on Ms Follett's earlier Bill. It seems to me entirely appropriate that the Assembly should have the chance to revisit these issues, given the acknowledgment on both sides of the house that there is an issue to be faced up to which was overlooked, for whatever reason, during the course of the earlier debate. It is my submission, Madam Speaker, that the Assembly should reject the motion moved by Mr Connolly in order that we may debate Mr Kaine's Bill and deal with that issue which, by general agreement, now has to be faced up to once again.
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