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Legislative Council - Fifty-Fourth Parliament, First Session (54-1)
2019-03-19 Daily Xml
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Shop Trading Hours

The Hon. T.A. FRANKS (15:53): Supplementary to the Treasurer: can he regale the council with any other area of the law where the government does not rely on Crown advice and the government's own legal opinion but on the debate and the legal advice obtained by players other than the government?

The Hon. R.I. LUCAS (Treasurer) (15:54): As I just outlined, we are relying on the best possible advice and interpretation that the Crown provides, so we are indeed—

The Hon. T.A. Franks: Where else are you doing it, was the question. What other area of the law—

The Hon. R.I. LUCAS: If the honourable member would like to listen to the answer I am about to give, we are using the Crown's advice in relation to the potential prosecutions at the moment. But, as minister responsible, ultimately we won't really know whether or not that is correct until a court of law determines it. Some of the interpretations, if challenged from lawyers representing retailers, are very creative. They may or may not be correct, but until we actually have someone test it we really won't know.

The Hon. T.A. FRANKS: Point of order, Mr President: my question was specifically to name another act or another area of the law, not to reiterate or regale us again with his original answer.

The PRESIDENT: Treasurer, you have heard the point of order.

The Hon. R.I. LUCAS: The original question to which supplementary questions apply relates to shop trading legislation. It doesn't relate to other pieces of legislation.

The Hon. T.A. FRANKS: Point of order: my question was, 'Name another area of the law where you would use this same argument and not rely on Crown advice.' That was the question, and the question was not answered.

The PRESIDENT: Treasurer, do you have anything else to add?

The Hon. R.I. LUCAS: Nothing further.

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