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Legislative Assembly for the ACT: 2000 Week 6 Hansard (25 May) . . Page.. 1877 ..


MR QUINLAN (continuing):

resolve part of the reservations of the scrutiny of bills committee and still allow the bill to go through. I recommend the amendment to the Assembly.

MR SPEAKER: Mr Quinlan, are the subsequent amendments consequential on the amendment to clause 25?

MR QUINLAN: No, not necessarily.

MR HUMPHRIES (Treasurer, Attorney-General and Minister for Justice and Community Safety) (9.23): Mr Speaker, I cannot pretend that I have had a long time to consider these amendments.

Mr Quinlan: You and I both, brother.

MR HUMPHRIES: I think that we are all in the same boat. I should explain to the Assembly that it is essential that the Assembly consider this legislation tonight because the scheme needs to start before 1 July in the sense that outsourced providers of the grants need to be able to prepare for that and doing so in the June sitting would be too late, so I ask for the indulgence of members to get through it tonight.

I do not seriously object to Mr Quinlan's amendment. My advice simply is that it does not achieve very much, to be blunt, but it does not do much harm. I assume that the passing of this amendment would supersede my amendment No 1, which sets out in detail what the grounds for an objection might be, but I do not have a concern about replacing those with a broader ground for appeal, namely, a decision made by the commissioner, so I do not oppose the amendment.

Amendment agreed to.

Clause 25, as amended, agreed to.

Clause 26.

MR QUINLAN (9.25): Mr Speaker, I move:

Page 13, line 19, subclause (2), omit the subclause.

This amendment also relates to the scrutiny of bills committee's reservations, as brought forward in quite lengthy discussion, in terms of the burden of proof. Again, I have taken what I think is a minimalist approach of saying that the act can survive quite well without this provision and recommend to the Assembly that it take cognisance of the scrutiny of bills committee's reservations and omit subclause 26(2).

MR HUMPHRIES (Treasurer, Attorney-General and Minister for Justice and Community Safety) (9.26): The government will oppose this amendment. I would like to explain why. Members need to be aware of what happens when a person who has had a decision made in respect of them wishes to come forward and make an objection to the decision. The objection can relate to any decision of the commissioner with respect to their application.


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