15 March 2011

Leigh and Brodtmann stir on self determination

| johnboy
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Member for Fraser Andrew Leigh has blogged his joint submission with Member for Canberra Gai Brodtmann calling for an end to the executive veto of ACT legislation.

Section 35 of the Australian Capital Territory (Self-Government) Act 1988 affords the Governor-General the power to disallow an enactment of the Australian Capital Territory (ACT) Legislative Assembly by legislative instrument within 6 months after it is made.

Because state parliaments are not subject to the same limitation, this limits the power of the ACT Legislative Assembly to legislate on behalf of all Canberrans. Its practical effect is that an ACT law may be overturned by the Governor-General (acting on advice of the executive), even though it is supported by a majority of Canberrans.

Citizens of the ACT deserve a better deal. After more than two decades of self-government, the ACT Legislative Assembly has proven itself to be a mature debating chamber, which stands the equal of any other state or territory legislature in Australia.

Good to be reminded they’re still alive.

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The proposed Federal legislation doesn’t stop the Federal Government from overruling the ACT Government – merely requires it to be a vote of the Federal Parliament rather than letting it be the decision of a Federal Minister.

Logically, if Leigh and Brodtmann argue the ACT Government should be the equal of any state, they should move their own motion in addition to that already on the table.

Still alive and focused on the big issues for Canberrans…

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