Legislative Assembly for the ACT: 1998 Week 3 Hansard (28 May) . . Page.. 735 ..
MR HUMPHRIES: On Tuesday in a debate on the Standing Committee on Urban Services Report No. 1 on draft variation 97 to the Territory Plan, Mr Kaine raised the constitutional possibility that a variation approved by the Executive without support from the relevant standing committee of the Assembly may be invalid. I undertook in the debate to seek legal advice from the Chief Solicitor on that question. That advice concludes that there is no requirement for the relevant Assembly committee to support a draft variation before it is considered and, in this case, ultimately approved by the Executive.
In short, Mr Speaker, subsection 26(2) of the Land (Planning and Environment) Act 1991 requires the Executive to have regard to any recommendations of the committee. Mr Speaker, the Executive has had regard to the fact that the committee has reached an impasse on the variation. In having regard to that finding, we have approved the variation and now allow the Assembly to exercise its right to move for disallowance if that is its choice. For the information of Mr Kaine and other members, I have just tabled a copy of the legal advice.
Consolidated Financial Management Report
MS CARNELL (Chief Minister and Treasurer): Mr Speaker, for the information of members, I present, pursuant to section 26 of the Financial Management Act 1996, the consolidated financial management report for the period ending 30 April 1998.
MS CARNELL (Chief Minister and Treasurer): Mr Speaker, for the information of members, and pursuant to subsection 19(3) of the Territory Owned Corporations Act 1990, I present a statement of corporate intent for CanDeliver Ltd for the period December 1997 to June 1998 and a statement, pursuant to subsection 19(4) of the Act, relating to the deletion of commercially sensitive information.
MR SMYTH (Minister for Urban Services) (3.35): For the information of members, I present the exposure draft of the construction practitioners registration legislation. I move:
That the Assembly takes note of the paper.