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Legislative Assembly for the ACT: 2004 Week 02 Hansard (Tuesday, 2 March 2004) . . Page.. 559 ..


does not mean simply not in accordance with law, because, as we know, laws can and have been made that are not respectful of human rights.

I do not have a problem as such with the right to own property. However, I am concerned that it is not written in the same terms as in the declaration, and at this stage of proceedings I do not think I can support it.

Question put:

That the amendment (Mr Stefaniak’s) be agreed to.

The Assembly voted—

Ayes 5

Noes 10

Mrs Burke

Mr Berry

Ms MacDonald

Mrs Dunne

Mr Corbell

Mr Quinlan

Mr Pratt

Mrs Cross

Mr Stanhope

Mr Smyth

Ms Dundas

Ms Tucker

Mr Stefaniak

Ms Gallagher

Mr Wood

Question so resolved in the negative.

Amendment negatived.

Clause 13 to 27, by leave, taken together.

MR CORNWELL (10.16): I would like to speak to just a couple of those. Clause 13 speaks of freedom of movement. It says:

Everyone has the right to move freely within the ACT and to enter and leave it, and the freedom to choose his or her residence in the ACT.

But presumably not the right to own his or her residence in the ACT. I find clauses 15, 16 and 17 very obvious. Once again, I agree with Mr Stefaniak. This is the most absurd piece of legislation we have debated in a long time. Clause 15 is peaceful assembly and freedom of association, Clause 15 (1) reads:

Everyone has the right of peaceful assembly.

I have no problem with the right of peaceful assembly. However, I have a small dilemma: is it possible to have a peaceful assembly and still break the law? Perhaps the—or the erudite Attorney-General—can tell me the answer.

Mr Pratt: It is, if you are marching outside the US embassy.

MR CORNWELL: I am thinking of a peaceful assembly that was held recently outside the Australian Federal Police offices, when a fire was lit on a fire ban day. That was a peaceful assembly, but are you not breaking the law by lighting a fire on a fire ban day? I do not expect anything to happen. I understand it was indigenous people and their supporters and, in this city, nothing happens to those people. Nevertheless, I am curious to know if a peaceful assembly can be associated with the breaking of the law.


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