Page 1024 - Week 04 - Wednesday, 20 April 1994
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SUBORDINATE LAWS (AMENDMENT) BILL 1993
Detail Stage
Clause 1
Debate resumed from 23 February 1994.
Clause agreed to.
Remainder of Bill, by leave, taken as a whole
MR MOORE (10.52): Madam Speaker, I move:
Clause 4, page 2, line 30, proposed new paragraphs 6(14)(a) and (b), omit the paragraphs, substitute the following paragraphs:
"(a) by a subordinate law under the Act containing the power to make the subordinate law amended or to be deemed to have been amended;
(b) by the person or body so empowered; and
(c) in compliance with any condition precedent, and in accordance with any procedural requirement, applicable to the making of such a subordinate law.".
Madam Speaker, on 20 January 1994 I wrote to each member a letter that started "Dear Colleagues, Happy New Year". I attached to it a letter from the Parliamentary Counsel to me. In fact, this amendment was a suggestion from the Parliamentary Counsel to improve the Bill. His comment at the time was:
The amendment replaces proposed paragraphs 6(14)(a) and (b) as set out in the Bill with 3 proposed paragraphs. Paragraph (a) has been recast to emphasise that an Assembly amendment is to be treated for all relevant purposes as itself a subordinate law. A new paragraph (c) has been added to ensure that, in the unlikely event that the relevant law making power is qualified in some way, an Assembly amendment cannot be invalidated because, for example, the appropriate procedures were not repeated.
He then added:
While the substance of the Bill is unchanged, I think that this amendment would be a worthwhile improvement to reinforce the efficacy of the scheme, and I commend it to you accordingly.
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