DEAR Sir,
NSW government policy is to penalise the operator of the Port of Newcastle to recover the cost of paying the operator of Port Botany/Port Kembla for containers shipped through the Port of Newcastle.
There is no actual evidence that Parliament legislated this policy under section 6 of the Ports Assets (Authorised Transactions) Act 2012 (PAAT Act), which says: “The Treasurer has and may exercise all such functions as are necessary or convenient for the purposes of an authorised transaction.” Section 6 enabled the government to deny its policy.
Denials were made in government statements to the Newcastle Herald over several years and in answers to more than 100 questions on notice Labor asked in Parliament. The government admitted to its policy only when forced to do so by the Newcastle Herald on 29 July 2016.
The policy was hidden from the public and Parliament when the PAAT Act was made in November 2012 and amended in June 2013.
Parliament cannot make or amend a law in respect of a policy that is hidden from the public and Parliament. The lease arrangements for Port Botany/Port Kembla, and the Port of Newcastle, which are based on the policy, are unlawful.
However, by claiming that Parliament legislated the policy under section 6 of the PAAT Act, the NSW government is setting a precedent for the Parliament of Australia, and all state and territory Parliaments.
The Hon Anthony Albanese MP became personally aware of the lease arrangements from the Newcastle Herald report on 29 July 2016. In a media statement, Mr Albanese declared the arrangements to be “a clear breach of the public interest”.
As Prime Minister, Mr Albanese is obliged to provide national leadership by acknowledging that the Parliament of Australia cannot make or amend a law in respect of a policy that is hidden from the public and Parliament.
Greg Cameron
Wamboin NSW
