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Legislative Assembly for the ACT: 2003 Week 8 Hansard (21 August) . . Page.. 3075 ..

MS TUCKER (continuing):

overwhelmed with evidence as to the extraordinary costs that would be imposed on our society if this mean-spirited amendment was not accepted. I oppose it.

MR STANHOPE (Chief Minister, Attorney-General, Minister for Environment and Minister for Community Affairs) (6.06): I was inclined to accept the amendment on the basis that it essentially makes no earthly difference. The court will always find a compelling reason-I think that is in the excellent drafting that is included in the government's bill here.

The draftspeople used the word "reason"and did not include the word "compelling"before the word "reason"probably because they thought it did not add anything. The court will always find a compelling reason; it is not going to find just a bit of a reason, a partial reason, a maybe reason. The way courts operate, reasons are always compelling reasons.

The government had proceeded on the basis that this was simply stating the obvious, essentially, and had no objection to it. Having informed Mr Stefaniak that that was our position, I will maintain it. However, I will take further advice on this, Bill, having regard to the strength of the opposition of the Greens and the Democrats. We will agree now, but I will have a further think about it.

Question put:

That Mr Stefaniak's amendment No 3 be agreed to.

The Assembly voted-


 Ayes 10  				Noes 3

 Mr Berry  	Ms MacDonald  		Mrs Cross  
 Mrs Burke  	Mr Pratt  		Ms Dundas  
 Mr Cornwell  	Mr Stanhope  		Ms Tucker  
 Ms Gallagher  	Mr Stefaniak
 Mr Hargreaves  Mr Wood
Question so resolved in the affirmative.

Amendment agreed to.

Clause 59, as amended, agreed to.

Proposed new clause 59A.

MR STANHOPE (Chief Minister, Attorney-General, Minister for Environment and Minister for Community Affairs) (6.11): I move amendment No 7 circulated in my name [see schedule 2 at page 3089].

Amendment 7 inserts new clause 59A into the bill. Clause 59A will add a new section 30B into the Limitation Act 1985. The ambit of section 30B is the establishment of a

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