Page 70 - Week 01 - Tuesday, 15 February 2011

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homeowners boost and this increase in funding is due to higher than expected first homeowner boost payments being made during the current financial year.

Section 18 of the act allows the Treasurer to authorise expenditure from the Treasurer’s advance. Under these two instruments, $250,000 has been provided to the Chief Minister’s Department to make donations on behalf of the ACT community to the Queensland flood relief appeal. These funds are essential to provide support and assistance to the flood relief effort across Queensland, including community recovery, rebuilding and repairing infrastructure, insurance advice, financial assistance and counselling for the community, primary producers and small businesses.

Additional detail regarding all instruments is provided in the statement of reasons accompanying each instrument.

I commend these instruments to the Assembly.


Ms Gallagher presented the following paper:

Gene Technology Act, pursuant to subsection 136A(3)—Operations of the Gene Technology Regulator—Quarterly report—1 April to 30 June 2010, dated 17 September 2010.

Human Rights Act—declaration of incompatibility

Paper and statement by minister

MR CORBELL (Molonglo—Attorney-General, Minister for the Environment, Climate Change and Water, Minister for Energy and Minister for Police and Emergency Services): For the information of members, I present the following paper:

Human Rights Act, pursuant to subsection 33(2)—Bail Act 1992, section 9C—Declaration of incompatibility, dated 19 November 2010.

I seek leave to make a statement in relation to the paper.

Leave granted.

MR CORBELL: In accordance with section 33(2) of the ACT Human Rights Act 2004, I present a copy of the declaration of incompatibility made on 19 November 2010 by Justice Hilary Penfold in the matter of an application for bail by Isa Islam.

Section 32(2) states:

If the Supreme Court is satisfied that the Territory law is not consistent with the human right, the court may declare that the law is not consistent with the human right …

On 19 November 2010, Justice Penfold in the ACT Supreme Court declared:

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