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Legislative Assembly for the ACT: 1999 Week 7 Hansard (30 June) . . Page.. 1823 ..


MR CORBELL (continuing):

Fund of the Territory, or indeed any other jurisdiction, except under distinct authorisation from the parliament itself. Those are not my words, Mr Speaker. Those are the words of at least two legal counsel. All members have seen those advices.

That is the fundamental issue here. That is why we are moving a no-confidence motion. The Government has argued that it is a technical breach. The Government has argued that it is a minor matter, but I challenge any member in this place to stand up and say to the people of Canberra that the illegal expenditure of $9.7m is a technical and minor matter. It is not. It cannot be.

Mr Speaker, I have raised the issue of the fundamental breach of that most significant notion in our Western democracies that no expenditure can occur without the approval of the parliament. It is clear that illegal expenditure did occur in relation to the Bruce Stadium and that Mrs Carnell did indeed attempt to conceal the fact that it did occur. She endeavoured to do that through a variety of excuses which we heard outlined in the debate earlier today. Indeed, this Government is still attempting to conceal the fact that it bulldozed ahead with expenditure of at least $9.7m without the approval of this place, through the use of the technical defence and the investment defence under section 38 of the Financial Management Act. Those are their excuses today. We have heard their excuses previously. They are excuses. They are an attempt to conceal the fact that they spent money illegally.

They spent $9.7m without the approval of this place. We must say that it is at least $9.7m, because that is the only figure that is clear and that the Auditor has identified. But all in this place should know that it is highly likely that the figure does not stop at $9.7m. It has been revealed to us only today that the total cost of the redevelopment of Bruce Stadium is now $44m, of which only $12.3m has been legally appropriated by this place. Those are important facts to consider.

Mr Speaker, I would like to highlight two key areas of Labor's argument about why Mrs Carnell must be sanctioned by this place and sanctioned in the gravest manner possible. The first is that the Chief Minister is responsible for this illegal activity. An Executive is formed from the parliament to administer the affairs of the Territory and to be the people accountable for that administration. That is why they are there. That is the job we pay them to do - to administer the Territory and to be accountable and responsible to the legislature, to the parliament, and to the community of the ACT. They are there to be accountable for the actions of public servants, to be indeed accountable for the achievements in their area of administration. We certainly see this Government, as indeed we see all governments, quite happy to be accountable for their achievements. But they are also accountable for their shortcomings and their failings.

Mrs Carnell is the Treasurer. She is responsible for the administration of the Financial Management Act. Indeed, this morning she herself demonstrated in her speech that she apparently has a very strong grasp of the Act. She outlined a whole range of issues. Why then does she insist that she had no knowledge of the fact that the expenditure at Bruce was occurring illegally if she had such a strong grasp of the Act? Why was she unaware of the alleged guideline issue?


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