Page 4161 - Week 14 - Tuesday, 26 November 2013

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facts as presented. If, in my opinion, the matter does merit precedence, I must inform the Assembly of the decision, and the member who raised the matter may move a motion without notice forthwith to refer the matter to a select committee appointed by the Assembly for that purpose.

As Speaker, I am not required to judge whether or not there has been a breach of privilege or contempt of the Assembly. I can only judge whether or not the matter merits precedence. Having considered Mr Smyth’s letter, I am prepared to allow precedence to a motion to refer the matter to a select committee should Mr Smyth choose to move such a motion. For the information of members, I table a copy of Mr Smyth’s letter. I present the following paper:

Alleged breach of privilege—Letter from Mr Smyth to the Speaker, dated 22 November 2013.

Privileges—Select Committee

Proposed establishment

MR SMYTH (Brindabella) (10.02): Under standing order 276, I move:


(1) Pursuant to standing order 276, a Select Committee on Privileges be established to examine whether the Treasurer, Andrew Barr MLA is in contempt of the ACT Legislative Assembly through his failure to comply with:

(a) standing order 277 (h) Disobedience of Orders;

(b) standing order 277 (m) (ii) refuse or fail to produce documents, or to allow the inspection of documents, in accordance with an order of the Assembly or of a committee.; and

(c) any other matter related.

(2) The committee shall report back to the Assembly by the first sitting week in February 2014.

(3) The committee shall be composed of:

(a) one member nominated by the Government;

(b) one member nominated by the Crossbench;

(c) one member nominated by the Opposition;

(d) the Crossbench member is to Chair the Committee; and

(e) to be notified to the Speaker by 4 pm today.

(4) The committee may report out of session through the Speaker.

Madam Speaker, I have given the Clerk a copy of the motion. It is now being circulated. Members would know that for a long time I have pursued the government over its modelling of the tax increases and their impact on the rates of the ratepayers

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