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Legislative Assembly for the ACT: 1999 Week 7 Hansard (1 July) . . Page.. 1943 ..


MR HUMPHRIES

(continuing):

Subordinate legislation often has a significant impact on the rights and liberties of citizens. Legislatures have closely guarded their sovereign power and developed mechanisms to review the actions of the Executive. The Subordinate Laws Act 1989 is one such mechanism. The Act seeks to achieve a balance between the rights of the legislature to determine laws, and the rights of citizens to have notice of government decisions and legislation, and still ensure the efficient running of what effectively is the business of government.

Presently the Act provides for a period of 15 sitting days after tabling during which a subordinate law may be disallowed by the Assembly. At first blush, this does not appear to be a significant amount of time.

But by way of example, this Assembly was recently presented with the Construction Practitioners Registration Regulations 1998. These regulations provide an important administrative basis for the new certification scheme adopted for construction activity in the ACT.

The regulations were gazetted on 16 December 1998 and commenced on 18 December 1998. They were tabled in the Assembly on the very next sitting day -2 February 1999. They could have been disallowed (which would have had disastrous effect on regulation of the building industry) up until 5 May 1999.

In such cases, there is often a significant investment of resources by the government in either developing or supporting a regulatory regime and by individuals affected by the subordinate legislation.

The current requirement for 15 sitting days before certainty is achieved does not further the aims of the Act, it acts merely as a structural impediment.

Mr Speaker since 1991 there have only been 2 subordinate laws disallowed by the Assembly. These subordinate laws related to ministerial determinations in regard to comprehensive third party insurance for motor cycles. These are the only subordinate laws ever disallowed by this Assembly, although others have been withdrawn under threat of disallowance.

Further the Assembly has an active Scrutiny of Bills and Subordinate Legislation Committee which produces high quality reports for the Assembly on Bills and subordinate laws. The Committee is frank in its opinions and has on occasion questioned the Government in relation to certain subordinate laws.

The Government response to such scrutiny is published by the Committee, thus providing an opportunity for further review of government activity in relation to subordinate laws.


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