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Subordinate Legislation (Miscellaneous Amendments) Bill 2009
TASMANIA
____________
SUBORDINATE LEGISLATION (MISCELLANEOUS
AMENDMENTS) BILL 2009
_____________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - ACTS INTERPRETATION ACT 1931 AMENDED
3. Principal Act
4. Section 47 amended (Regulations)
5. Schedule 1 amended (Savings and transitional provisions)
PART 3 - SUBORDINATE LEGISLATION ACT 1992 AMENDED
6. Principal Act
7. Section 3 amended (Interpretation)
8. Section 3A amended (Guidelines)
9. Section 4 amended (Compliance with guidelines)
10. Section 6 amended (Regulatory impact statements not necessary in certain cases)
11. Section 7 amended (Examination of draft subordinate legislation by Chief
Parliamentary Counsel)
12. Sections 8 and 9 repealed and sections 8, 9, 9A and 9B substituted.
Subordinate Legislation (Miscellaneous Amendments) Bill 2009
8. Certain documents to be sent to Subordinate Legislation Committee
9. Examination of draft subordinate legislation by Subordinate Legislation
Committee
9A. Successive drafts of similar subordinate legislation
9B. Requirements before making subordinate legislation
13. Section 13 amended (Procedure when Committee not in office)
14. Section 14 amended (Regulations and orders)
15. Schedule 1 amended (Guidelines for the preparation of Subordinate Legislation)
PART 4 - SUBORDINATE LEGISLATION COMMITTEE ACT 1969 AMENDED
16. Principal Act
17. Section 2 amended (Interpretation)
18. Section 3 amended (Constitution of Committee)
19. Section 4 amended (Vacancies)
20. Section 5 amended (Quorum and procedure at meetings of the Committee)
21. Section 7 amended (Secretary of Committee)
22. Section 8 amended (Functions of Committee)
23. Section 9 repealed (Report when Parliament not sitting)
24. Section 12 amended (Witnesses' expenses)
Subordinate Legislation (Miscellaneous Amendments) Bill 2009
SUBORDINATE LEGISLATION (MISCELLANEOUS
AMENDMENTS) BILL 2009
(Brought in by the Honourable Ruth Jane Forrest)
A BILL FOR
An Act to amend the Acts Interpretation Act 1931, the Subordinate
Legislation Act 1992 and the Subordinate Legislation Committee Act 1969
Be it enacted by His Excellency the Governor of Tasmania, by and with the
advice and consent of the Legislative Council and House of Assembly, in
Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Subordinate Legislation (Miscellaneous
Amendments) Act 2009.
2. Commencement
The provisions of this Act commence on a day or days to be proclaimed.
PART 2 - ACTS INTERPRETATION ACT 1931 AMENDED
3. Principal Act
In this Part, the Acts Interpretation Act 1931 is referred to as the Principal
Act.
4. Section 47 amended (Regulations)
Section 47 of the Principal Act is amended by inserting the following
subsections after subsection (3A):
Subordinate Legislation (Miscellaneous Amendments) Bill 2009
(3B) If regulations are not laid before each House of Parliament
within the first 10 sitting days of the House as provided by subsection
(3)(c), those regulations are taken to have expired on the expiration of
that period.
(3C) The expiration of regulations under subsection (3B) does not
affect the validity of anything done under those regulations during the
period of 10 sitting days mentioned in subsection (3)(c).
5. Schedule 1 amended (Savings and transitional provisions)
Clause 16 of Schedule 1 to the Principal Act is amended by adding the
following subclause after subclause (2).
(3) Section 47 as amended by section 4 of the Subordinate
Legislation (Miscellaneous Amendments) Act 2009 applies to
regulations made after the commencement of that Act and so applies
whether the Act under which they are made was passed before or after
that commencement, and section 47 (as in force before that
commencement) continues to apply to regulations made before that
commencement as if section 4 of the Subordinate Legislation
(Miscellaneous Amendments) Act 2009 had not been enacted.
PART 3 - SUBORDINATE LEGISLATION ACT 1992
AMENDED
6. Principal Act
In this Part, the Subordinate Legislation Act 1992 is referred to as the
Principal Act.
7. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as follows:
(a) by inserting the following definition before the definition of
"Consumer Price Index":
Subordinate Legislation (Miscellaneous Amendments) Bill 2009
"Committee" means the Parliamentary Standing Committee on
Subordinate Legislation established by the Subordinate
Legislation Committee Act 1969;
(b) by inserting the following definitions after the definition of
"Consumer Price Index":
"guidelines" means the guidelines issued under section 3A or, as
the case may be, having effect under Schedule 1;
"relevant Act" means an Act under which it is intended to make
subordinate legislation;
(c) by omitting "Act;" from paragraph (b)(ii) of the definition of
"subordinate legislation" and substituting "Act.";
(d) by omitting the definition of "Subordinate Legislation
Committee".
8. Section 3A amended (Guidelines)
Section 3A(2) of the Principal Act is amended as follows:
(a) by omitting subparagraph (iii) from paragraph (a); and
(b) by inserting the following paragraph after paragraph (a):
(ab) there will not be any inconsistency between those
objectives and the objectives of other Acts, subordinate
legislation or government policies; and
9. Section 4 amended (Compliance with guidelines)
Section 4 of the Principal Act is amended by omitting "issued under section
3A".
10. Section 6 amended (Regulatory impact statements not necessary in
certain cases)
Section 6 of the Principal Act is amended by omitting "his or her" from
paragraph (b) and substituting "the Treasurer's".
Subordinate Legislation (Miscellaneous Amendments) Bill 2009
11. Section 7 amended (Examination of draft subordinate legislation by
Chief Parliamentary Counsel)
Section 7 of the Principal Act is amended as follows:
(a) by omitting subsection (1); and
(b) by omitting "Proposed" from subsection (2) and substituting "A
draft of".
12. Sections 8 and 9 repealed and sections 8, 9, 9A and 9B substituted.
Sections 8 and 9 of the Principal Act are repealed and the following sections
are substituted:
8. Certain documents to be sent to Committee
If subordinate legislation is proposed, the responsible Minister must send
to the Committee a copy of the advice given by the Chief Parliamentary
Counsel under section 7 and -
(a) if a certificate has been issued under section 6, a copy of that
certificate; or
(b) if no certificate has been issued under section 6 and it was not
necessary to prepare a regulatory impact statement, a copy of the
certificate of the responsible Minister certifying that, in the opinion of
the Minister, the proposed subordinate legislation conforms with the
guidelines; or
(c) if no certificate has been issued under section 6 and it was
necessary to prepare a regulatory impact statement, a copy of the
certificate of the Secretary under section 5(1D) together with -
(i) a copy of the regulatory impact statement; and
(ii) a copy of the comments and submissions, if any, received under
section 5(2)(a)(iv).
Subordinate Legislation (Miscellaneous Amendments) Bill 2009
9. Examination of draft subordinate legislation by Committee
(1) A draft of subordinate legislation must, unless the Treasurer has
granted a certificate under section 9A(1), be submitted to the Committee
for examination as to whether it conforms with the guidelines.
(2) If the Committee is of opinion that any draft subordinate legislation
conforms with the guidelines, it must, as soon as practicable, report to the
responsible Minister that opinion.
(3) If the Committee is of opinion that any draft subordinate legislation
does not conform with the guidelines, it must, as soon as practicable,
report to both Houses of Parliament and to the responsible Minister the
reasons for that opinion.
9A. Successive drafts of similar subordinate legislation
(1) If -
(a) the Committee has, within a period of 3 months, twice reported
that, in its opinion, a draft of subordinate legislation containing
substantially similar provisions does not conform with the guidelines;
and
(b) a third draft of the subordinate legislation is submitted to the
Committee; and
(c) the Solicitor-General certifies in writing that the third draft
contains substantially similar provisions to the previous drafts -
the Treasurer, if satisfied that the public interest requires that the proposed
subordinate legislation should be made without complying with section 9,
may certify in writing accordingly.
(2) A certificate by the Treasurer under subsection (1) has effect
according to its tenor.
Subordinate Legislation (Miscellaneous Amendments) Bill 2009
9B. Requirements before making subordinate legislation
A draft of subordinate legislation must not be submitted for making by the
Governor, or for the approval, confirmation or consent of the Governor,
unless there is submitted with the draft -
(a) the advice given by the Chief Parliamentary Counsel under section
7; and
(b) a certificate by the responsible Minister that, in the Minister's
opinion, the guidelines have been complied with so far as is
reasonably practicable; and
(c) any certificate required under section 5(1D) or 6; and
(d) if an examination of the draft is required by the Committee under
sections 9 and 9A, a report given by that Committee that, in its
opinion, the draft conforms with the guidelines.
13. Section 13 amended (Procedure when Committee not in office)
Section 13 of the Principal Act is amended as follows:
(a) by omitting "Subordinate Legislation";
(b) by omitting "section 9" and substituting "section 8".
14. Section 14 amended (Regulations and orders)
Section 14 of the Principal Act is amended by omitting subsection (2).
15. Schedule 1 amended (Guidelines for the preparation of Subordinate
Legislation)
Clause 2 of Schedule 1 to the Principal Act is amended as follows:
(a) by omitting subparagraph (iii) from paragraph (b); and
(b) by inserting the following paragraph after paragraph (b):
Subordinate Legislation (Miscellaneous Amendments) Bill 2009
(ba) those objectives are to be checked to ensure that there will
not be any inconsistency between those objectives and the
objectives of other Acts, subordinate legislation or government
policies; and
PART 4 - SUBORDINATE LEGISLATION COMMITTEE ACT 1969
AMENDED
16. Principal Act
In this Part, the Subordinate Legislation Committee Act 1969 is referred
to as the Principal Act.
17. Section 2 amended (Interpretation)
Section 2 of the Principal Act is amended as follows:
(a) by inserting the following definition before the definition of
"Committee":
"chair" means the member elected as such under section 5(2);
(b) by inserting the following definition after the definition of
"Committee":
"deputy chair" means the member elected as such under
section 5(2);
18. Section 3 amended (Constitution of Committee)
Section 3(4) of the Principal Act is amended by omitting "he" and
substituting "the person".
19. Section 4 amended (Vacancies)
Section 4 of the Principal Act is amended as follows:
(a) by omitting subsection (1) and substituting the following
subsection:
Subordinate Legislation (Miscellaneous Amendments) Bill 2009
(1) A member of the Committee may resign from office as a
member by writing addressed to the Governor.
(b) by omitting "his" from subsection (2) and substituting "the
member's";
(c) by omitting "subsection (2) of section three" and "by which he
was appointed" from subsection (3) and substituting "section 3(2)"
and "which made the appointment" respectively.
20. Section 5 amended (Quorum and procedure at meetings of the
Committee)
Section 5 of the Principal Act is amended by omitting subsections (2) to
(5) inclusive and substituting the following subsections:
(2) There is to be a chair and deputy chair of the Committee, who
are to be elected by the members of the Committee at the first meeting
of the Committee or as soon as practicable after that meeting.
(3) The chair, or, in the case of the absence or other disability of
the chair, the deputy chair , must, when present, preside at all
meetings of the Committee.
(4) At a meeting of the Committee at which a quorum is present,
the members in attendance may, in the absence of the chair and
deputy chair , appoint one of their number then present to be
temporary chair, and the temporary chair has, during the absence of
the chair and deputy chair , all the powers of the chair .
(5) At meetings of the Committee -
(a) the chair, or in the absence of the chair, the deputy chair has a
deliberative vote only; and
(b) when the votes on a question are equal the question passes in
the negative.
21. Section 7 amended (Secretary of Committee)
Section 7 of the Principal Act is amended as follows:
Subordinate Legislation (Miscellaneous Amendments) Bill 2009
(a) by omitting "Notwithstanding subsection (1) of section twenty-
one" from subsection (2) and substituting "Despite section
21(1)";
(b) by omitting "his" from subsection (2);
(c) by omitting "of him" from subsection (3);
(d) by omitting subsection (4).
22. Section 8 amended (Functions of Committee)
Section 8(1) of the Principal Act is amended as follows:
(a) by omitting "regulation", wherever occurring in subparagraphs (i),
(ii), (iii) and (iv) of paragraph (a) and where first occurring in
subparagraph (v) of that paragraph, and substituting "draft regulation"
in each case;
(b) by omitting subsection (2).
23. Section 9 repealed (Report when Parliament not sitting)
Section 9 of the Principal Act is repealed.
24. Section 12 amended (Witnesses' expenses)
Section 12 of the Principal Act is amended by omitting "chairman or vice-
chairman" and substituting "chair or deputy chair".