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TASMANIA
__________
SUBORDINATE LEGISLATION AMENDMENT
BILL 2009
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 6 amended (Regulatory impact statements not necessary
in certain cases)
5. Section 9 amended (Certain documents to be sent to Subordinate
Legislation Committee)
6. Section 11 amended (Staged repeal of subordinate legislation)
7. Section 14 substituted
14. Regulations
8. Schedule 3 amended (Exempt Matters and Categories)
9. Legislation revoked
Schedule 1 - Legislation revoked
[Bill 14]-VIII
2
SUBORDINATE LEGISLATION AMENDMENT
BILL 2009
(Brought in by the Premier, the Honourable David John
Bartlett)
A BILL FOR
An Act to amend the Subordinate Legislation Act 1992 and
consequentially revoke certain orders made under that Act
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:
1. Short title
This Act may be cited as the Subordinate
Legislation Amendment Act 2009.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Subordinate Legislation Act
1992* is referred to as the Principal Act.
*No. 30 of 1992
[Bill 14] 3
Subordinate Legislation Amendment Act 2009
Act No. of
s. 4
4. Section 6 amended (Regulatory impact statements
not necessary in certain cases)
Section 6 of the Principal Act is amended by
inserting after paragraph (a) the following
paragraph:
(ab) the Secretary certifies in writing that -
(i) public consultation in respect of
the proposed subordinate
legislation has been carried out
under the Environmental
Management and Pollution
Control Act 1994, the Living
Marine Resources Management
Act 1995 or an Act specified by
order by the Governor; and
(ii) the process by which the public
consultation has been carried out
wholly or substantially
corresponds to the process
specified in section 5(2)(a), (b)
and (c); or
5. Section 9 amended (Certain documents to be sent to
Subordinate Legislation Committee)
Section 9(1A)(c) of the Principal Act is amended
as follows:
(a) by omitting from subparagraph (ii)
"section 5(2)(a)(iv)." and substituting
"section 5(2)(a)(iv); and";
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Subordinate Legislation Amendment Act 2009
Act No. of
s. 6
(b) by inserting the following subparagraph
after subparagraph (ii):
(iii) a written statement of any
significant changes made to the
subordinate legislation following
the consultation process under
section 5(2).
6. Section 11 amended (Staged repeal of subordinate
legislation)
Section 11 of the Principal Act is amended as
follows:
(a) by omitting subsection (1);
(b) by omitting subsections (5) and (6) and
substituting the following subsections:
(5) Subject to subsections (6) and (7),
the Governor, by order, may
postpone by a period not
exceeding 2 years the date on
which any subordinate legislation
specified in the order would
otherwise be repealed under
subsection (2).
(6) An order of postponement under
subsection (5) may not be made
unless the Treasurer certifies in
writing that -
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Subordinate Legislation Amendment Act 2009
Act No. of
s. 6
(a) the circumstances
requiring the
postponement -
(i) are beyond the
control of the
responsible
Department; or
(ii) could not
reasonably have
been foreseen
before the
responsible
Minister
determined that
the relevant
subordinate
legislation would
be required to be
remade; or
(b) the relevant subordinate
legislation, though still
required for the period of
postponement, is not
expected to be required
after that period.
(7) An order under subsection (5) is
to be made before the date on
which the subordinate legislation
to which the order applies would,
but for the order, be repealed
under subsection (2).
6
Subordinate Legislation Amendment Act 2009
Act No. of
s. 7
7. Section 14 substituted
Section 14 of the Principal Act is repealed and
the following section is substituted:
14. Regulations
The Governor may make regulations for
the purposes of this Act.
8. Schedule 3 amended (Exempt Matters and
Categories)
Part 1 of Schedule 3 to the Principal Act is
amended as follows:
(a) by omitting item 3 and substituting the
following item:
3. Matters arising under legislation
that is substantially uniform with
or complementary to legislation
of the Commonwealth or another
State or a Territory, where -
(a) an assessment of the costs
and benefits that is
relevant to Tasmania has
already been made; and
(b) the process by which that
assessment has been made
wholly or substantially
corresponds to the process
specified in
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Subordinate Legislation Amendment Act 2009
Act No. of
s. 9
section 5(2)(a), (b) and
(c).
(b) by omitting from item 8 "section 11(5) or
14(2)" and substituting "section 11(5)".
9. Legislation revoked
The legislation specified in Schedule 1 is
revoked.
8
Subordinate Legislation Amendment Act 2009
Act No. of
sch. 1
SCHEDULE 1 - LEGISLATION REVOKED
Section 9
Subordinate Legislation Order 1995 (No. 126 of 1995)
Subordinate Legislation Order (No. 2) 1995 (No. 145 of 1995)
Subordinate Legislation Order (No. 3) 1995 (No. 189 of 1995)
Subordinate Legislation Order (No. 4) 1995 (No. 190 of 1995)
Subordinate Legislation Order 1996 (No. 98 of 1996)
Subordinate Legislation Order (No. 2) 1996 (No. 195 of 1996)
Subordinate Legislation Order (No. 3) 1996 (No. 196 of 1996)
Subordinate Legislation Order (No. 4) 1996 (No. 197 of 1996)
Subordinate Legislation Order 1997 (No. 157 of 1997)
Subordinate Legislation Order 1998 (No. 175 of 1998)
Subordinate Legislation Order 1999 (No. 174 of 1999)
Subordinate Legislation Order 2000 (No. 233 of 2000)
Subordinate Legislation Order 2001 (No. 165 of 2001)
Subordinate Legislation Order 2002 (No. 154 of 2002)
Subordinate Legislation Order 2003 (No. 176 of 2003)
Subordinate Legislation Order 2004 (No. 149 of 2004)
Government Printer, Tasmania 9