Points of Order — Election Advertising—Auditor-General's Report

I raise a point of order, Madam Speaker. I ask you for a considered ruling when the House resumes next week. The draft Auditor-General’s report into advertising expenditure in the 3 months before the 2005 general election has attached as appendix 1 an opinion from the Solicitor-General. In that opinion the Solicitor-General states: “The appropriations do not cover activities by members in their capacity as candidates for election.”, and he goes on to say that the Parliamentary Service Act reinforces that view. As the House knows, Madam Speaker, the Solicitor-General states further that it is you who is responsible for the Parliamentary Service vote. Significantly, the Solicitor-General finds further that the Members’ Handbook of Services notes that in the event that the vote-funded advertising material is determined to be in breach, you have a discretion to require members or parties to reimburse the vote for those costs. In respect of those parties that have been found to have breached those rules and that have not repaid moneys owed to the vote, I now ask you to exercise that discretion.

It is not a point of order of this House, because, in respect of the matters raised, the role the Speaker has is that of Minister responsible for Parliamentary Service matters and, therefore, that matter will be dealt with in another context. I will just say, though, for the information of members, that I tend not to rule or make any decisions until I have all the information available.

I raise a point of order, Madam Speaker.

💬 Madam SPEAKER: I have ruled. A new point of order is perfectly acceptable, but I have ruled on that matter.

I just wish to emphasise that although all information may not be to hand, the Solicitor-General’s opinion, as I understand it, is in its final form, and any assistance you would be able to give the House on the interpretation of that matter pursuant to the Parliamentary Service handbook would be helpful.

💬 Madam SPEAKER: I have ruled on the matter. It is not a matter for the Speaker; it is a matter for the Minister responsible for the Parliamentary Service, which has a totally different capacity.

I raise a point of order, Madam Speaker. It may help this whole matter if you do prepare something for Tuesday, just to explain the difference between being Speaker and being the Minister responsible. It might save a lot of trouble further down the track.

💬 Madam SPEAKER: I am quite happy to hold a seminar outside House time for those members who would find it interesting.