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Legislative Assembly for the ACT: 2000 Week 9 Hansard (7 September) . . Page.. 3116 ..


MR BERRY: Yes, to help out and so on. It is all assistance-that is the difference. So forget your obsession boys and girls. I suggest you get down to being serious about why you are here-that is, to present yourself as honest brokers acting in the interest of your constituents. You are not here to play your political games with elements of the community that do not think the way you do.

Question put:

That the amendment (Mr Stanhope's ) be agreed to.

The Assembly voted-

Ayes, 5  	Noes, 10

Mr Berry  	Ms Carnell
Mr Corbell  	Mr Cornwell
Mr Quinlan  	Mr Humphries
Mr Stanhope  	Mr Kaine
Mr Wood  	Mr Moore
 		Mr Osborne
 		Mr Rugendyke
 		Mr Smyth
 		Mr Stefaniak
 		Ms Tucker

Question so resolved in the negative.

Amendment negatived.

Proposed new clause.

MS TUCKER (12.41 am): I move:

That the following new clause be inserted in the Bill: Page 2, line 2:

"3A Annual returns of donations

Section 221A is amended by omitting from subsection (5) all the words after 'personal use'.".

I intend to move another amendment-the key amendment-which seeks to change the wording of the bill. However, I will speak to both my amendments together. I support the intention of the bill but I do not think it has been worded well. At present it says that amounts received by an Independent MLA will have to be declared in an annual return as a reference to a gift received by the MLA in his or her capacity as an MLA "for use solely or substantially for a purpose related to the MLA's position". The problem words are "for use". This is putting an extra condition on when a gift has to be declared. The critical issue here is the motivation of the donor in giving the gift-whether it is a private gift or a gift intended in some way to influence or assist the person's behaviour as an MLA-not how the MLA decides to use the money.


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