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Legislative Assembly for the ACT: 1999 Week 12 Hansard (25 November) . . Page.. 3756 ..

MR CORBELL (continuing):

it in a different way". That option should be made available to the Assembly. As with all of these things, Mr Speaker, the fact is that they are very rarely exercised. A disallowance is an extremely rare occurrence in this Assembly on any issue. I would expect it to be the same in relation to this LMA pro forma but there is, I believe, justification for saying that, as a matter of principle, the pro forma should be a disallowable instrument.

MR SMYTH (Minister for Urban Services) (5.22): Mr Speaker, upon reflection, it seems to add little to the process, but a disallowable instrument is a fine thing. The Assembly is the final arbiter. The Government is happy to accept this amendment.

Amendment agreed to.

Proposed new clauses 186CB and 186CC

MS TUCKER (5.23): I move:

Page 4, line 6, after proposed new clause 186CA, insert the following new clauses:

"186CB Exclusion of parts from inspection

"(1) If a person enters into a land management agreement with the Territory, the person may apply to the Minister to exclude a stated part of the agreement from inspection by the public under section 186CC on the grounds that-

(a) the disclosure would, or would reasonably be expected to, adversely affect a person in respect of the lawful business affairs of the person; and

(b) it would not be in the public interest for that part to be published.

"(2) An application must-

(a) be in writing; and

(b) be made at the time the agreement is entered into.

"(3) If the Minister is satisfied that the grounds referred to in subsection (1) exist for the exclusion of a part of a land management agreement, the Minister must exclude that part from each copy of the agreement made available for public inspection under section 186CC.

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