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Legislative Assembly for the ACT: 2000 Week 3 Hansard (7 March) . . Page.. 574 ..


Mr Moore: Mr Speaker, I raise standing order 52. I will take a point of order again, Mr Speaker, after Mr Berry is sat down. Standing order 52 says this:

A Member may not reflect upon any vote of the Assembly, except upon a motion that such vote be rescinded.

There has been a vote of the Assembly on this particular matter and you lost. You lost. When you tried a no-confidence motion on the Chief Minister for the same thing you lost. That is reflecting on that motion, Mr Speaker.

MR BERRY: Oh, go away. That is ridiculous.

MR SPEAKER: Order! Just a moment. Standing order 52.

MR BERRY: What are you talking about? I have not reflected on a vote of the Assembly. That is ridiculous. Have a look at it. That is over the top.

MR SPEAKER: I have had a look at standing order 52, Mr Berry. If you have reflected on it - - -

MR BERRY: No, I have not. I have no intention of reflecting on the vote.

MR SPEAKER: Very well. Now, I suggest we get on with the debate and stop provoking each other across the chamber.

MR BERRY: Thank you, Mr Speaker. The important vote that was carried in this chamber and which I endorsed - if one can reflect positively on things, I think it is okay - was the requirement for the Chief Minister to hand over the papers. That is where all this arose from. Here we have a situation where Mr Moore, who supports this Government that refuses to hand over papers, is coming up with some legislation which in future will require it to hand over papers. That has a bit of a smell of hypocrisy about it to me.

Mr Moore: The difference is that I have been consistent. I have been consistent all the way through.

MR BERRY: As Mr Smyth would say, you cannot have it both ways. You have tried to have it both ways and I think you have been caught out. Mr Speaker, the powers of this Assembly are set in stone. If you look at the legal advice received by the Select Committee on the Government's Contracting and Procurement Processes concerning the hiring agreements between Bruce Operations Pty Ltd and the major hirers of Bruce Stadium, you will see that the ACT (Self-Government) Act provides that until the Territory passes laws - I am referring to page 3 - dealing with its powers, privileges and immunities, the Assembly is entitled to the same power, privileges and immunities as are possessed by the Commonwealth House of Representatives.


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