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

I move:

That this bill be now read a second time.

I seek leave to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

At the election in 2008, 220019 voters in the Australian Capital Territory elected a legislature.  Its laws should not be overridden by the federal government, in particular, the executive of the federal government.

The Commonwealth parliament’s power to make laws for the territory comes from Sections 52 and 122 of the Constitution. Notably, the Constitution gives this power to the parliament. In 1988, the parliament delegated the power to the elected Legislative Assembly of the ACT through the Australian Capital Territory (Self-Government) Act 1988. However, the Self-Government Act provided for the Commonwealth parliament or the executive to disallow or amend any act of the ACT’s Legislative Assembly.

This bill removes that power from the executive. It leaves no doubt that any disallowance or amendment of an ACT law should be by legislation of the parliament as a whole. The executive can and does meet in secret, without the direction or agreement of the parliament. The provision for the executive override of the ACT’s laws leaves parliament, and its consultative committee system, diminished and reactive. This is not in the spirit of the Constitution.

This bill removes this anomaly and restores the Parliament’s exclusive power to wield or constrain constitutional authority over the territorial assembly.

I commend the bill to the Senate.

Ian Macdonald (Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern Australia) Share this | Link to this | Hansard source

I seek leave of the Senate to ask Senator Ludwig, the Special Minister of State, a question clarifying his initial motion this morning about sitting times.

Leave not granted.

John Hogg (President) Share this | Link to this | Hansard source

Senator Macdonald, Senator Ludwig has just indicated to me that he is going to talk with you.