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Legislative Assembly for the ACT: 1996 Week 14 Hansard (12 December) . . Page.. 4912 ..

Clause 39

MR MOORE (11.13): Mr Speaker, there is an area in clause 39 that concerns me. It says:

... ... ...

Notwithstanding the purpose permitted by a lease of Territory Land, the land may be used -

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(b) for any other activity prescribed by the regulations.

So, notwithstanding what is in the lease, regulations can permit anything. This totally overrides the lease on the land, without anything else. That is on page 14 of the Bill. I draw members' attention to page 15. If they look at almost exactly the same spot on page 15 they will notice in clause 41 that when the Minister makes a determination under that section it is a disallowable instrument. That is not identified in this lease. I will be asking the Minister, if indeed it is a disallowable instrument, why it is not, and where we are going to go.

Mr Speaker, I think I might have to draw up an amendment on this to omit subsection 175(3) in clause 39. I had intended to ask to have the question divided so that we could support part of it. This has been a very rushed process and this is something that I had not picked up until we were going through the legislation. Even if it is a disallowable instrument, Mr Speaker, I do not think it should be in there. It is of a very similar character to the piece of legislation that we voted on in terms of truck parking the other day. It seems to me that this subsection is not required. I cannot understand why we would have it in there to try to achieve some unknown goal. I would be interested to hear what the Minister has to say. Just to make it easier, Mr Speaker, I might draw up an amendment and circulate that to members.

MR SPEAKER: Mr Moore, I am advised that you can simply move that subsection 175(3) be omitted. Is that what you want to do?

MR MOORE: That is what I seek to do. Are you comfortable with that verbally, Mr Speaker? I have it here. I have it written down, Mr Speaker.

MR SPEAKER: All right.

MR MOORE: I move:

Page 14, lines 23 to 27, proposed subsection 175(3), omit the proposed subsection.

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