Ian Gilfillan MLC

 Extract from Hansard

 Legislative Council
6 July 2001

 

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Ian Gilfillan
Australian Democrats
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COOPERATIVE SCHEMES (ADMINISTRATIVE ACTIONS) BILL

The Hon. IAN GILFILLAN: I indicate the Democrats' support for the second reading of this bill and, I expect, right through its process. It seems to be just another limb of earlier legislation which passed through this parliament and which harmonised the federal Corporations Law with state law. The Attorney- General outlined in detail in his second reading explanation why this measure is required. The decision of the High Court in Hughes has cast doubt on the ability of commonwealth authorities and officers to exercise powers and perform functions under state laws in relation to several intergovernmental legislative schemes. He indicated, quite accurately, that the object of the bill is to deal with doubts cast by the decision in Hughes on the ability of commonwealth authorities or officers to exercise powers and perform functions under state laws in relation to the following intergovernmental legislative schemes.

As in the title of the bill, it covers officers of the commonwealth under the Agricultural and Veterinary Chemicals (South Australia) Act 1994, the National Crime Authority (State Provisions) Act 1984 and other state cooperative scheme laws. The Democrats do not see any problem with this. I cannot claim to be fully conversant with all the detail of the bill and its consequences, but the general thrust is one that we support. We therefore support the second reading and indeed will support the bill right through.


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