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Legislative Assembly for the ACT: 1997 Week 1 Hansard (20 February) . . Page.. 200 ..


MS McRAE (continuing):

the Legal and Constitutional Committee put forward a report in 1989, and in Victoria they have adopted a process whereby a regulatory impact statement has to be tabled with subordinate legislation. I believe Victoria is looking at Bills as well, but I am not sure about that.

There is a proposal before the Senate, the Legislative Instruments Bill of 1996, whereby the impact of subordinate legislation and the consultation that has occurred has to be tabled. That was also proposed in a 1994 Bill after considerable inquiry. In Tasmania there is an Act that went through in 1992. I thought I would conclude by reading some of the requirements under that Act, to give members a flavour of the sorts of issues that have been discussed in other places and have come through. Again, it is in relation to subordinate legislation. One of the requirements is this:

The responsible Minister must ensure that before subordinate legislation is made -

(a) a notice is published in the Gazette and in at least 3 daily newspapers published and circulated generally throughout Tasmania -

(i) stating the objects of the proposed subordinate legislation; and

(ii) where a regulatory impact statement is prepared under subsection (1), advising where a copy of the regulatory impact statement may be obtained or inspected; and

(iii) advising whether, and (if so) where, a copy of the proposed subordinate legislation may be obtained or inspected; and

(iv) inviting comments and submissions within a specified time, but not less than 21 days from publication of the notice; and

(b) consultations take place with appropriate representatives of consumers, the public, relevant interest groups, and any sector of industry or commerce, likely to be affected by the proposed subordinate legislation; and

(c) all comments and submissions received are appropriately considered.

That is the nature of the activity in Tasmania, by way of example. Quite clearly, it is activity that has been considered by every parliament, I am sure, but it is in action in the few parliaments that I have indicated.


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