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Legislative Assembly for the ACT: 2001 Week 2 Hansard (27 February) . . Page.. 320..


MR STANHOPE (continuing):

I anticipated that the scrutiny of bills committee might have made some comment on amendments that the legislation proposes to the Interpretation Act 1967. As I said, the amendments are said to be clarifying the power to make statutory instruments. However, I think it is notable that proposed new section 27G (b) does provide for a delegation of legislative power. I think it is saying that a subordinate law can further delegate the determination, application or regulation of a matter-for example, an act that says fees can be determined by regulation. The regulations might say that the fees are those set out in a determination by the minister and then the minister authorises a determination setting out the fees.

Again, Mr Speaker, the proposed new section 27G (d) (1) (b) does look like a Henry VIII clause by permitting a statutory instrument to amend an act to permit an appeal against the decision under the act. On its face there would be no objection to this provision, except that if the legislature had thought an appeal provision was necessary in any particular case, perhaps it should have included that provision in the act. Again, the proposed view of section 27G (c) provides that if an act authorises or requires a matter to be regulated, the power may be exercised by prohibiting the matter.

As I said, Mr Speaker, I had anticipated that the scrutiny of bills committee might have looked at that. The scrutiny of bills committee, however, thinks those amendments to the Interpretation Act are technical and housekeeping amendments. I will defer to the scrutiny of bills committee in this instance, and the Labor Party will support the bill.

MR STEFANIAK (Minister for Education and Attorney-General) (12.01): I will close the debate. I thank Mr Stanhope for his comments, Mr Speaker.

Question resolved in the affirmative.

Bill agreed to in principle.

Leave granted to dispense with detail stage.

Bill agreed to.

Sale of Motor Vehicles Amendment Bill 2000

Debate resumed from 7 December 2000, on motion by Mr Humphries:

That this bill be agreed to in principle.

MR STANHOPE (Leader of the Opposition) (12:02): Mr Speaker, this bill was introduced by the Attorney-General on 7 December 2000. It inserts a registration of interest provision in the Sale of Motor Vehicles Act. The bill defines registerable interest in a motor vehicle. Registration of an interest places potential purchasers on notice that the vehicle may be encumbered by a debt such as a lease or hire purchase agreement. Failure to register an interest means that an honest purchaser in good faith will retain the title to the vehicle if a dispute occurs.


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