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CONSTITUTION AND PARLIAMENTARY COMMITTEES (AMENDMENT) BILL 1997

                 PARLIAMENT OF VICTORIA

       Constitution and Parliamentary Committees
                  (Amendment) Act 1997
                                Act No.


                     TABLE OF PROVISIONS
Clause                                                           Page
  1.   Purpose                                                      1
  2.   Commencement                                                 2
  3.   New section 6E inserted                                      2
       6E. Offices are not agencies under Freedom of Information
               Act 1982                                             2
  4.   Amendment of section 63                                      2
  5.   New Part IVA inserted                                        3
         PART IVA--COMMISSIONS AND BOARDS OF
         INQUIRY                                                   3
         88B. Commission of Inquiry                                3
         88C. Board of Inquiry                                     3
  6.     Allowances for members of Parliamentary Committees        3
  7.     Supreme Court--limitation of jurisdiction                 4
                          

NOTES                                                              5




                                    i
531103B.I1-20/3/97

 


 

PARLIAMENT OF VICTORIA A BILL to amend the Constitution Act 1975, the Parliamentary Committees Act 1968 and the Parliamentary Salaries and Superannuation Act 1968 and for other purposes. Constitution and Parliamentary Committees (Amendment) Act 1997 The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to make certain amendments to the Constitution Act 1975 and the Parliamentary Committees Act 1968. 5 1 531103B.I1-20/3/97

 


 

Constitution and Parliamentary Committees (Amendment) Act 1997 s. 2 Act No. 2. Commencement (1) Subject to sub-section (2), this Act comes into operation on the day on which it receives the Royal Assent. 5 (2) Section 3 is deemed to have come into operation on 20 December 1994. 3. New section 6E inserted No. 8750. After section 6D of the Constitution Act 1975 Reprinted to insert-- No. 36/1995 and 10 "6E. Offices are not agencies under Freedom of subsequently Information Act 1982 amended by Nos 7/1996, 24/1996, Despite anything to the contrary in the 35/1996, Freedom of Information Act 1982, the 43/1996 and 60/1996. Governor, the Lieutenant-Governor or the 15 Administrator is not an agency within the meaning of that Act.". 4. Amendment of section 63 (1) In section 63 of the Constitution Act 1975, omit "originate or". 20 (2) The enactment or validity of an Act enacted or purporting to have been enacted before the commencement of this section shall not be called in question in any proceeding in any court or tribunal on the ground that the Bill for the Act was 25 a Bill for appropriating any part of the Consolidated Fund or of any duty, rate, tax, rent, return or impost and was originated by the Legislative Assembly before the purpose of the appropriation had been recommended by a 30 message of the Governor to the Legislative Assembly. (3) Anything done or omitted to be done under the authority or purported authority of an Act to 2 531103B.I1-20/3/97

 


 

Constitution and Parliamentary Committees (Amendment) Act 1997 s. 5 Act No. which sub-section (2) applies shall not be called in question on the ground referred to in that sub- section. 5. New Part IVA inserted 5 After Part IV of the Constitution Act 1975 insert-- "PART IVA--COMMISSIONS AND BOARDS OF INQUIRY 88B. Commission of Inquiry 10 The Governor in Council may issue a commission to a person or persons to make an inquiry into such matters as are specified by the Governor in Council. 88C. Board of Inquiry 15 The Governor in Council may appoint a board for the purpose of inquiring into such matters as are specified by the Governor in Council.". 6. Allowances for members of Parliamentary 20 Committees No. 7727. (1) In section 51A of the Parliamentary Committees Reprinted to Act 1968, for sub-section (1A) substitute-- No. 65/1992 and "(1A) Each member of a Committee referred to in subsequently sub-section (6) (including the chairman of amended by Nos 20/1994, 25 the Committee) is, subject to this section, 75/1994, entitled to receive an expense allowance or a 9/1996 and 35/1996. travelling allowance at such rate and in such circumstances and subject to such conditions as are prescribed-- 30 (a) in respect of each attendance in the discharge of duties as a member of the Committee at a meeting of the Committee-- 3 531103B.I1-20/3/97

 


 

Constitution and Parliamentary Committees (Amendment) Act 1997 s. 7 Act No. (i) at which a quorum is present; or (ii) in the case of a sub-committee of a Joint Investigatory Committee, to take evidence pursuant to 5 section 4L(6); (b) in respect of undertaking such other duties as a member of the Committee as are approved by the President or the Speaker as duties to which allowances 10 apply.". (2) In section 51A of the Parliamentary Committees Act 1968-- (a) in sub-section (2)-- (i) for "sub-section (1A)" substitute "sub- 15 section (1A)(a)"; (ii) for "he" substitute "the member"; (b) in sub-section (3), for "he" (where twice occurring) substitute "the member". 7. Supreme Court--limitation of jurisdiction 20 It is the intention of section 4 to alter or vary section 85 of the Constitution Act 1975. 4 531103B.I1-20/3/97

 


 

Constitution and Parliamentary Committees (Amendment) Act 1997 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 5 531103B.I1-20/3/97

 


 

 


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