Page 4315 - Week 14 - Wednesday, 30 November 1994
Wednesday, 30 November 1994
MADAM SPEAKER (Ms McRae) took the chair at 10.30 am and read the prayer.
SUBORDINATE LAWS LEGISLATION
Statement by Member
MR MOORE: Madam Speaker, I seek leave to make a brief statement to explain why I will not be presenting the Subordinate Laws (Amendment) Bill (No. 3) 1994.
MR MOORE: Madam Speaker, I drew up this piece of legislation because I intended to move some amendments to the ACT tenancy code of practice. When I began, it appeared not to be possible for me to do it because, under the subordinate laws legislation, section 6, subsection (18), of the principal Act seemed to exclude anything that was a determination - and, indeed, a code of practice is a determination. I discussed this with the Attorney-General, and he suggested to me that that was never the intention of the legislation. In fact, he felt that it was not excluded at all. He said that he was prepared to seek legal advice as to whether or not it was excluded.
About 15 minutes ago, I was given a copy of that legal advice. It indicates that I still have the prerogative to move amendments to the ACT tenancy Code of practice. I imagine that that would apply to other codes of practice as well. Madam Speaker, I may well be tempted to move the amendment anyway, because that would make it very clear to people that they have that prerogative. However, because of the short timespan, I am not aware of the other ramifications of moving that amendment. I think it is something that needs a bit more thought than we can give it in a couple of busy weeks of sitting. Therefore, Madam Speaker, I will not proceed. I seek leave to table the advice that has been provided to me.