[Greens-Media] Sale of Snowy Hydro shares 'illegal'

[Bennett, Ebony (Sen B. Brown)]

Wednesday, 24 May 2006

Sale of Snowy Hydro shares 'illegal'

Costello should read the Constitution - Brown

The sale of Commonwealth shares in the Snowy Hydro company is in breach
of the Snowy Hydro Corporatisation Act 1997 and therefore illegal,
according to legal advice published by Greens leader Bob Brown in
Melbourne today. The advice comes from Mr Brian Walters, Special
Counsel.

"The Howard government made a huge mistake when it failed to put
legislation through the Parliament to permit the sale of the
Commonwealth's shares in Snowy Hydro. It was presumptuous and wrong,"
Senator Brown said.

"It took a short cut by putting motions before the House of
Representatives and the Senate. But the Constitution, Section 1,
effectively requires that the necessary permission of Parliament should
be given by legislation and Royal Assent. The Commonwealth share sale is
therefore illegal," Senator Brown said.

"Acting Prime Minister Peter Costello does not. understand this crucial
point. Under Australia's Constitution 'the Parliament' includes our head
of state. The government did not get the approval of the
Governor-General to sell its Snowy Hydro shares." 

Mr Walters says he is inclined to think that 'good title' will not pass
with the shares when they are sold.

"Underlying this potential fiasco is the Howard government's hubris
since gaining control of the Senate," Senator Brown said. 

"The Snowy Mountains catchments belong to all Australians and it is
outrageous that the Coalition federal government and Labor state
governments are selling this national icon. The Commonwealth should buy
the NSW and Victorian shares on behalf of all Australians, Senator Brown
said. 

Further information: Prue Cameron 0408 473 379 (Melbourne)
                                       Ebony Bennett 0409 164 603
(Canberra)

--------------------------------------------------------------
Ebony Bennett
Media Adviser
Office of Greens Senator Bob Brown
Mobile: 0409 164 603
Ph: (02) 6277 3170
Fax: (02) 6277 3185
ebony.bennett at aph.gov.au