Page 293 - Week 01 - Thursday, 24 February 1994
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ANSWERS TO QUESTIONS
ATTORNEY GENERAL OF THE AUSTRALIAN CAPITAL TERRITORY
LEGISLATIVE ASSEMBLY
QUESTION NO 1096
Consumer Product Safety Orders
Mr Cornwell - Asked the Attorney General upon notice on 8 December 1993:
(1) Are Product Safety Orders (PSO) issued under section 15FC(1) of the Consumer Affairs Act 1973 subject to disallowance by the Assembly, and; if not, why not.
(2) How do PSO's differ from Regulations, which can be disallowed by the Assembly.
(3) What is the purpose of a PSO and why should it be applied to firearms in legal possession under the Weapons Act 1991 such as selfloading centre fire rifles of the military type.
Mr Connolly - The answer to the member's question is as follows:
(1) No, Consumer Product Safety Orders made under section 15FC(1) of the Consumer Affairs Act 1973 are not subject to disallowance by the Assembly because they do not fall within the ambit of sections 6 or 10 of the Subordinate Laws Act 1989. Section 6 sets out the requirements with respect to disallowance.
A "subordinate law" is defined in subsection 6(12) of that Act to mean regulations, rules or by-laws, or a determination of fees and charges made by a Minister under a provision of an Act. Section 10 provides that an instrument made under an Act or subordinate law, which is expressed to be a disallowable instrument in that Act or subordinate law, is also subject to section 6. As a Consumer Product Safety Order made under the Consumer Affairs Act 1973 does not fall within the ambit of these provisions, it is not subject to disallowance.
(2) It is a convention of the Westminster system of government that instruments of a legislative character such as regulations (involving the making of rules usually of general application) should be subject to review and disallowance by the Parliament.
On the other hand, the scrutiny and review process of the Parliament has traditionally not applied to instruments which are administrative (specific decisions on particular facts) rather than legislative in character. In addition, in the ACT, such administrative decisions, although not disallowable by the Assembly, are usually subject to merits review by a body such as the Administrative Appeals Tribunal. A Consumer Product Safety Order, being administrative in character, is reviewable by the Administrative Appeals Tribunal
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