Berry Spot On - Sale Of Assets Confirmed

Wayne Berry - Opposition Spokesperson on Employment

Media Statement - 14 August 2001

Labor Shadow Employment Minister Wayne Berry has announced his determination to continue his campaign against the ACT Government's sale of half its interests in product and profits from the Williamsdale Quarry.

"My legal advice is unambiguous," Mr Berry said, "Section 16(4) of the Territory Owned Corporations Act has been breached as the transaction was not approved by the ACT Legislative Assembly."

"In addition, the Government's own legal advice tells the world that what was once totally owned by the ACT Government is now 50% owned by someone else. It says in paragraph 1.2(c):

• 'Totalcare has a 50% interest in Williamsdale Operation Pty Limited (The Manager of the Quarry) and Williamsdale Quarry Pty Limited (which markets the materials extracted from the Quarry), and the right to appoint 50% of the Directors of each company. However, Totalcare does not have a casting vote or any other means of controlling either company.'

"The Chief Minister wants to haggle over what 'dispose', significant asset' and 'main undertakings' mean when the easily understood intention of the TOC Act was to prevent the sale of public assets without approval of the Assembly.

"But his legal advice says:

• 'Unfortunately the TOC Act does not define any of the key terms - 'dispose', 'main undertakings' or significant asset', nor am I aware of any Court decisions regarding section 16 of the TOC Act. This makes it difficult to give a definitive interpretation.'

"Plainly the Williamsdale Quarry was a publicly owned asset and $3.8 million changed hands in exchange for half the product and profit. I call that sold.

Meanwhile, Where Is The Jobs Plan?

"For the third time the much touted Liberal jobs plan has failed to materialise which might explain the feeble spin on the Williamsdale Quarry," Mr Berry concluded.