Legislative Assembly for the ACT: 2002 Week 5 Hansard (7 May) . . Page.. 1186 ..
MR STEFANIAK: I move:
That Scrutiny Report No 9 be authorised for publication.
Question resolved in the affirmative.
MR STEFANIAK: I seek leave to make a brief statement.
MR STEFANIAK: Scrutiny Report No 8 contains the committee's comments on five bills, 14 pieces of subordinate legislation and nine government responses. Report No 8 was provided to members out of session.
Scrutiny Report No 9 contains the committee's comments on one government response. That report is a response to the Attorney-General's response to the committee's comments on the Legislation Amendment Bill 2002.
The committee's comments relate primarily to the proposed new section 142 in the bill, which sets out the way extrinsic material is to be used by the courts. In the Attorney-General's response it was stated that the proposed section 142 reflects the current position under both the Interpretation Act 1967 and the common law.
The committee points out that there may be a difference between the way the previous section in the Interpretation Act and the proposed new section in the Legislation Amendment Bill 2002 would operate. The committee sets out in a detailed analysis the reasons why it has adopted this position and is of the opinion that the proposed new section could present a distinct change in emphasis to what was set out in the previous legislation.
The committee is also concerned that the use of certain extrinsic materials will add to the cost of litigation and points out that again this appears to signify a change of emphasis from the legislative regime that was established by section 11B (3) of the Interpretation Act 1967.
The third point raised in the committee's report relates to the courts having to make reference to documents such as the Universal Declaration of Human Rights and the implications that might have for the way in which they interpret legislation.
I commend the report to the Assembly.
MRS CROSS: I seek leave to make a statement regarding Scrutiny Report No 8.
MRS CROSS: Mr Speaker, the scrutiny of bills and subordinate legislation committee commented on the Discrimination Amendment Bill 2002 in Scrutiny Report No 8, dated 1 May 2002. The committee made four points: