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

I thank all contributors to the debate on this very important piece of legislation to foster improved democratic rights for the citizens of the Australian Capital Territory and the Northern Territory. I will not go over in detail the reasons for the Australian Capital Territory (Self-Government) Amendment (Disallowance and Amendment Power of the Commonwealth) Bill 2010 because it has already been before the parliament and indeed through a thorough committee process, with the committee having endorsed the bill as it comes before the Senate today.

I note that there will be a number of amendments from the government. These reflect amendments that the Greens also had drawn up, and we will simply support the government amendments, which have the effect of extending this legislation to give the advantages of it to the voters of the Northern Territory and which cover some other related matters.

The Constitution says in section 122, with the headline 'Government of territories':

The Parliament—

it refers to this parliament, of course—

may make laws for the government of any territory surrendered by any State to and accepted by the Commonwealth—

and that is what is in process here today. A couple of decades ago this same parliament legislated to transfer its power under the Constitution to make laws for the territories to the executive—that is, the minister of the day. As has been noted in public debate, that means that with the stroke of a pen a minister can override the outcome of a deliberated vote following a debate of the elected representatives of the assemblies either in Canberra, in relation to the ACT, or in Darwin, in relation to the Northern Territory. This bill simply goes back to where the Constitution would have it—that is, the territories will effectively legislate unless or until a vote of both houses of parliament overrules legislation or passes legislation for either of the territories. We cannot change that provision of section 122 or section 123, which also deals with limitations on the powers of the states, unless we go to a referendum.

There is the prospect that the Northern Territory, which I think is moving in that direction again, will eventually end up subject to a referendum. I would not discount the possibility, as others have, that in some future time Australians might want to give the growing population of the Australian Capital Territory the ability to have self-determination through a form of statehood which will provide for all the amenities of this being the national capital but will provide for enhanced powers for the people of the Australian Capital Territory. That is a matter for a future debate.

This legislation today simply restores at least the right of the assemblies to pass legislation for their citizens without being overridden by a minister without reference to this parliament. It is as simple as that. I take on board the issues of equal marriage and euthanasia that have been raised in here by the opposition today, but they know full well—Senator Humphries knows very well—that this legislation does not alter that. In fact, it enhances the powers of the Australian Capital Territory to legislate at least in the matter of equal marriage, if it wants to, but that is entirely a matter for the territory, as it is a matter for New South Wales, South Australia, Queensland, Western Australia and Tasmania.