Page 3171 - Week 11 - Wednesday, 12 September 1990
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COOK PRIMARY SCHOOL
MR MOORE, by leave: Mr Speaker, we are delighted to have members of the Cook school community here in the Assembly. They are showing a great interest in the Assembly's operations, thanks to the fact that they are disgusted because their school is nominated to close.
COMMERCIAL ARBITRATION (AMENDMENT) BILL 1990
MR COLLAERY (Attorney-General) (4.20): Mr Speaker, I present the Commercial Arbitration (Amendment) Bill 1990. I move:
That this Bill be agreed to in principle.
The Commercial Arbitration (Amendment) Bill 1990 is designed to discontinue the application in the Territory of the Arbitration Act 1902, New South Wales, by amending the Commercial Arbitration Act 1986 and the Limitation Act 1985. The New South Wales Acts Application Act 1984 will be amended as a consequence.
The New South Wales Arbitration Act previously provided the Supreme Court with the power to refer matters before it to arbitration if that was considered appropriate. The Supreme Court has now been granted this power by the Supreme Court (Arbitration) Ordinance 1990, which allows rules of court to be made under section 28 of the Australian Capital Territory Supreme Court Act 1933 of the Commonwealth, to provide for the reference of matters before the court to arbitration proceedings.
The Commonwealth, which retains legislative control of the Supreme Court, has designed the Supreme Court (Arbitration) Ordinance 1990 in such a way as to make that ordinance the sole basis of the Supreme Court's power to refer matters to arbitration. Accordingly, the New South Wales Arbitration Act will cease to have any effect once rules of court are made on this matter. In the interests of greater certainty in the law and a desire not to have unnecessary and potentially confusing laws in a statute book, this Bill has been introduced to repeal the New South Wales Arbitration Act as it applies in the Territory and to make consequential amendments to the other Acts as a result of this repeal.
These amendments will apply from the date that the rules of court that the Supreme Court will make on this matter commence. A transitional provision in the Bill ensures that any orders made under the New South Wales Arbitration Act, as it applies in the Territory before the commencement of the relevant provisions in the Bill, will continue to be effective. Mr Speaker, I now present the explanatory memorandum for the Bill.
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