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Legislative Assembly for the ACT: 1999 Week 7 Hansard (1 July) . . Page.. 1942 ..


MR HUMPHRIES (continuing):

Those provisions, Mr Speaker, are necessarily retrospective in nature and could be viewed as being adverse to the interests of some persons. However, I think that it is important that we offer that protection as soon as possible. What course of action the Assembly chooses to adopt by virtue of this breach of the law which has occurred, apparently, in the issuing of several hundred invalid domestic violence orders is a matter that the Assembly will have to consider in light of recent events. I do urge, however, that members support the early debate and passage of this Bill as the need to offer protection to those people whose protection is currently in doubt is quite important.

Debate (on motion by Mr Stanhope ) adjourned.

SUBORDINATE LAWS (AMENDMENT) BILL 1999

MR HUMPHRIES (Attorney-General, Minister for Justice and Community Safety and Minister Assisting the Treasurer) (11.01): Mr Speaker, I present the Subordinate Laws (Amendment) Bill 1999, together with its explanatory memorandum.

Title read by Clerk.

MR HUMPHRIES: Mr Speaker, I move:

That this Bill be agreed to in principle.

I seek leave to have my presentation speech incorporated in Hansard.

Leave granted.

The speech read as follows:

Mr Speaker, the proposed amendments to the Subordinate Laws Act 1999 (the Act) deal with the procedure for disallowance of subordinate laws.

The Subordinate Laws Act is an important piece of legislation, and one that recognises the nature of parliamentary processes in Westminster parliamentary systems. The volume of legislation dealt with by legislative bodies is such that the technical and procedural detail contained in the plethora of subordinate laws, from instruments of appointment, ministerial determinations relating to fees, through to regulations, rules and by-laws, must be delegated to administrators.

No legislature can possibly hope to deal in depth with the volume of subordinate legislation that is required for efficient and effective governance. On this basis much of the technical or administrative detail is delegated to government administrators, with requirements that the Executive approve such action.


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