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Legislative Assembly for the ACT: 2001 Week 2 Hansard (1 March) . . Page.. 469..


MR STEFANIAK (continuing):

That is just an example.

Amendments agreed to.

Clause 36, as amended, agreed to.

Clause 37 agreed to.

Clause 38.

MR STEFANIAK (Minister for Education and Attorney-General) (12.27): Mr Speaker, I ask for leave to move amendments Nos 8 to 10 circulated in my name together.

Leave granted.

MR STEFANIAK: Thank you, Mr Speaker. I move amendments Nos 8 to 10 circulated in my name [see schedule 1 at page 523].

Amendment No 8 is consequential to amendment No 10. Amendment No 9 adds examples to clause 38 (2) to clarify the operation of a subclause. Clause 38 (2) provides that the power to amend or repeal a statutory instrument is exercisable in the same way and subject to the same conditions as the power to make the instrument. The example makes it clear that, if the instrument is a disallowable instrument, an amendment or repeal of the instrument is also a disallowable instrument. If the instrument is a notifiable instrument, an amendment or repeal of the instrument is also a notifiable instrument. And if notice of the making of the instrument must be published in a newspaper, notice of an amendment or repeal of the instrument must also be published in the newspaper.

Amendment 10 is an amendment of clause 38, and provides that the clause is subject to any provision of the act or statutory instrument, the authorising law, that gives the power to make the statutory instrument concerned. Although it is not common, acts occasionally provide for a statutory instrument to be amended or repealed in a different way to the way in which the instrument was made. The amendment recognises this practice.

Amendments agreed to.

Clause 38, as amended, agreed to.

Clause 39.

MR STEFANIAK (Minister for Education and Attorney-General) (12.28): Mr Speaker, I move amendment No 11 circulated in my name [see schedule 1 at page 523].

This amendment replaces the old clause 39 with a new clause 39 in response to concerns raised by the Standing Committee on Justice and Community Safety in the Scrutiny of Bills Report No 15 of 2000. I will not read my spiel, which is about a page long, unless members want me to. Does anyone particularly want me to? No? All right.

Amendment agreed to.


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