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TASMANIA
__________
SUBORDINATE LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL 2010
__________
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 substituted
8. Certain documents to be sent to Committee
9. Examination of draft subordinate legislation by
Committee
[Bill 35]-
9A. Successive drafts of similar subordinate legislation
9B. Requirements before making subordination
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 Section 9 repealed
24. Section 12 amended (Witnesses' expenses)
2
SUBORDINATE LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL 2010
This Public Bill originated in the Legislative Council, and, having this day passed, is
now ready for presentation to the House of Assembly for its concurrence.
D. T. PEARCE, Clerk of the Council
29 September 2010
(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
2010.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
[Bill 35] 3
Subordinate Legislation (Miscellaneous Amendments) Act 2010
Act No. of
s. 3 Part 2 - Acts Interpretation Act 1931 Amended
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 after subsection (3A) the following
subsections:
(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).
*No. 59 of 1931
4
Subordinate Legislation (Miscellaneous Amendments) Act 2010
Act No. of
Part 2 - Acts Interpretation Act 1931 Amended s. 5
5. Schedule 1 amended (Savings and transitional
provisions)
Clause 16 of Schedule 1 to the Principal Act is
amended by inserting after subclause (2) the
following subclause:
(3) Section 47 as amended by section 4 of
the Subordinate Legislation
(Miscellaneous Amendments) Act 2010
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 2010
had not been enacted.
5
Subordinate Legislation (Miscellaneous Amendments) Act 2010
Act No. of
s. 6 Part 3 - Subordinate Legislation Act 1992 Amended
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":
"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;
*No. 30 of 1992
6
Subordinate Legislation (Miscellaneous Amendments) Act 2010
Act No. of
Part 3 - Subordinate Legislation Act 1992 Amended s. 8
"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);
(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".
7
Subordinate Legislation (Miscellaneous Amendments) Act 2010
Act No. of
s. 10 Part 3 - Subordinate Legislation Act 1992 Amended
10. Section 6 amended (Regulatory impact statements
not necessary in certain cases)
Section 6(b) of the Principal Act is amended by
omitting "his or her" and substituting "the
Treasurer's".
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);
(b) by omitting from subsection (2)
"Proposed" and substituting "A draft of".
12. Sections 8 and 9 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 -
8
Subordinate Legislation (Miscellaneous Amendments) Act 2010
Act No. of
Part 3 - Subordinate Legislation Act 1992 Amended s. 12
(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).
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
9
Subordinate Legislation (Miscellaneous Amendments) Act 2010
Act No. of
s. 12 Part 3 - Subordinate Legislation Act 1992 Amended
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
10
Subordinate Legislation (Miscellaneous Amendments) Act 2010
Act No. of
Part 3 - Subordinate Legislation Act 1992 Amended s. 12
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.
9B. Requirements before making subordination
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
11
Subordinate Legislation (Miscellaneous Amendments) Act 2010
Act No. of
s. 13 Part 3 - Subordinate Legislation Act 1992 Amended
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);
(b) by inserting the following paragraph after
paragraph (b):
12
Subordinate Legislation (Miscellaneous Amendments) Act 2010
Act No. of
Part 3 - Subordinate Legislation Act 1992 Amended s. 15
(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
13
Subordinate Legislation (Miscellaneous Amendments) Act 2010
Act No. of
s. 16 Part 4 - Subordinate Legislation Committee Act 1969 Amended
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".
*No. 44 of 1969
14
Subordinate Legislation (Miscellaneous Amendments) Act 2010
Act No. of
Part 4 - Subordinate Legislation Committee Act 1969 Amended s. 19
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:
(1) A member of the Committee may
resign from office as a member
by writing addressed to the
Governor.
(b) by omitting from subsection (2) "his" and
substituting "the member's";
(c) by omitting from subsection (3)
"subsection (2) of section three" and
substituting "section 3(2)";
(d) by omitting from subsection (3) "by
which he was appointed" and substituting
"which made the appointment".
20. Section 5 amended (Quorum and procedure at
meetings of the Committee)
Section 5 of the Principal Act is amended by
omitting subsections (2), (3), (4) and (5) 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.
15
Subordinate Legislation (Miscellaneous Amendments) Act 2010
Act No. of
s. 21 Part 4 - Subordinate Legislation Committee Act 1969 Amended
(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 the 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:
(a) by omitting from subsection (2)
"Notwithstanding subsection (1) of
section twenty-one" and substituting
"Despite section 21(1)";
(b) by omitting from subsection (2) "his";
16
Subordinate Legislation (Miscellaneous Amendments) Act 2010
Act No. of
Part 4 - Subordinate Legislation Committee Act 1969 Amended s. 22
(c) by omitting from subsection (3) "of
him";
(d) by omitting subsection (4).
22. Section 8 amended (Functions of Committee)
Section 8 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a)(i)
"regulation" and substituting "draft
regulation";
(b) by omitting from subsection (1)(a)(ii)
"regulation" and substituting "draft
regulation";
(c) by omitting from subsection (1)(a)(iii)
"regulation" and substituting "draft
regulation";
(d) by omitting from subsection (1)(a)(iv)
"regulation" and substituting "draft
regulation";
(e) by omitting from subsection (1)(a)(v)
"regulation" first occurring and
substituting "draft regulation";
(f) by omitting subsection (2).
23. Section 9 repealed
Section 9 of the Principal Act is repealed.
17
Subordinate Legislation (Miscellaneous Amendments) Act 2010
Act No. of
s. 24 Part 4 - Subordinate Legislation Committee Act 1969 Amended
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".
18 Government Printer, Tasmania