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Legislative Assembly for the ACT: 2001 Week 2 Hansard (1 March) . . Page.. 494..


Legislation (Access and Operation) Bill 2000

Detail stage

Debate resumed.

Clause 45 agreed to.

Clause 46.

MR STEFANIAK (Minister for Education and Attorney-General) (3.42): The opposition to clause 46 is in response, Mr Stanhope, to the scrutiny committee's concerns that it may not be appropriate to authorise a statutory instrument to provide a full reconsideration or review of a decision made under the instrument, or the act under which the statutory instrument is enforced.

Clause negatived.

Clause 47 agreed to.

Proposed new clauses 47A to 47D.

MR STEFANIAK (Minister for Education and Attorney-General) (3.43): I move amendment No 14 circulated in my name [see schedule 1 at page 523].

Proposed new clauses 47A to 47D agreed to.

Clauses 48 to 50, by leave, taken together and agreed to.

Proposed new clause 50A.

MR STEFANIAK (Minister for Education and Attorney-General) (3.44): Mr Speaker, I move amendment No 15, circulated in my name, which proposes a new clause 50A [see schedule 1 at page 523].

Although the bill does not directly require a subordinate law, disallowable instrument or notifiable instrument-a registrable instrument to be notified under the bill-it is implicit in clause 61 (2) that the registered instrument cannot commence unless it is notified.

However, the application of clause 61 (2) to the text of applied laws and instruments is unclear-see the proposed amendments to 39 (2) and (3), which we have already done. This amendment, therefore, inserts a new clause 50A that provides that a registrable instrument, which will include the text of applied rules and instruments, is not enforceable by or against the territory, or anyone else, unless if notified. The clause is modelled on a similar provision in the Commonwealth Legislative Instruments Bill 1996.

Proposed new clause 50A agreed to.

Clauses 51 to 60, by leave, taken together and agreed to.


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