Bob Brown (Tasmania, Australian Greens) Share this | Hansard source

I move:

At the end of the motion, add:

“and, in respect of the Australian Capital Territory (Self-Government) Amendment (Disallowance Power of the Commonwealth) Bill 2006, the bill be referred to the Legal and Constitutional Legislation Committee for inquiry and report by 10 October 2006”.

Acting Deputy President Crossin, you will see that the committee did look at this referral but was unable to make a decision. The bill that is the subject of this amendment is a very important one. In effect, it takes away the authority of the legislature. Currently, the Howard government, in counsel, can override laws made by the elected government of the Australian Capital Territory. The bill would, of course, leave that power available to the Commonwealth parliament. It is an important piece of legislation and it ought to be before the Senate Legal and Constitutional Legislation Committee. It ought to be there, amongst other reasons, for there to be public input before the Senate considers the bill.

It is a very important case. Here is a piece of legislation which ought to and must have public input. It is a constitutional matter. It involves the balance of powers between the elected government of the Australian Capital Territory and the elected government of the Commonwealth of Australia. The contention in the legislation brought forward by the Greens is that only the parliament should override the Australian Capital Territory when its legislature makes laws—that that should not be a power held by the government of the day, the cabinet of the day, the Prime Minister of the day, the minister of the day; it should be a matter for parliament. It is a very serious matter when the Commonwealth government moves to override legislation which has been duly passed by another elected parliament in Australia. It should not be something left to just the government; it should be something that has to come before both houses of this parliament.

The committee ought to have made the decision to put this legislation before a proper committee for inquiry. You will remember that, quite recently, the Commonwealth moved to override the legislature on the business of same-sex unions and the laws that the ACT brought forward. There have been a number of other episodes where that has happened. On that occasion, it came before the parliament—it must come before the parliament—and we should make it clear that it can be only the parliament of Australia that can take such a serious move. I do not know what debate took place in the committee and I do not know what the vote in that committee was, but, quite properly, this matter is now before the whole of the Senate. I think it is a pure and good process, an essential process, that this Senate votes in a situation where a committee have been unable to make up their minds on a matter.

I am proposing, of course, that the government, the opposition and the other parties should join the Greens to ensure that this important legislation goes before the Senate Legal and Constitutional Legislation Committee for consideration. We are not making a judgement on the legislation, as you will understand, Acting Deputy President; we are simply saying: ‘Let’s have this legislation put before a committee for due consideration and to report back to the Senate. Let the people of the ACT and, indeed, the people of the Commonwealth of this great country of ours exercise their right to have a say. Let us be informed before we consider this piece of legislation.’ It is my intention to ensure that the legislation is considered before the end of this year. I appeal to the opposition and the government to support this amendment so that the committee can look at the bill.