Fifth Annual Report of the Scrutiny of Acts and Regulations Committee, 1998

Chapter 4 The Scrutiny Of Regulations

4.1 The Scrutiny of Regulations - The Second Function

The Committee has continued the task of reviewing all subordinate legislation. The Committee’s long and proud tradition of work in the field began in 1958.

4.2

The scrutiny of regulations is performed by a subcommittee of five members. During 1997, the members of the Subordinate Legislation Subcommittee were:—

ˇ Mr Murray Thompson MP, Chair;
ˇ Ms Mary Gillett MP;
ˇ The Honourable Peter Katsambanis MLC;
ˇ The Honourable Maree Luckins MLC;
ˇ The Honourable Donato Nardella MLC.

**4.3 The Subordinate Legislation Act 1994**

The Committee reviews statutory rules pursuant to section 21 of the Subordinate Legislation Act 1994 which provides as follows: -

21 Review of statutory rules by the Scrutiny Committee
(1) The Scrutiny Committee may report to each House of the Parliament if the Scrutiny Committee considers that any statutory rule laid before the Parliament -
(a) does not appear to be within the powers conferred by the authorising Act;
(b) without clear and express authority being conferred by the authorising Act-
(i) has a retrospective effect; or
(ii) imposes any tax, fee, fine, imprisonment or other penalty; or
(iii) purports to shift the onus of proof to a person accused of an offence; or
(iv) provides for the sub-delegation of powers delegated by the authorising Act;
(c) appears to be inconsistent with the general objectives of the authorising Act;
(d) makes unusual or unexpected use of the powers conferred by the authorising Act having regard to the general objectives of that Act;
(e) contains any matter or embodies any principles which should properly be dealt with by an Act and not by subordinate legislation;
(f) unduly trespasses on rights and liberties of the person unduly dependent upon administrative and not judicial decisions;
(g) makes rights and liberties of the person unduly dependent upon administrative and not upon judicial decisions;
(h) is inconsistent with principles of justice and fairness;
(i) requires explanation as to its form or intention;
(j) has been prepared in contravention of any of the provisions of this Act or of the guidelines with respect to the statutory rule and contravention is of a substantial or material nature;
(k) is likely to result in administration and compliance costs which outweigh the likely benefits sought to be achieved by the statutory rule.
(2) A report of the Scrutiny Committee under this section may contain any recommendation that the Scrutiny Committee considers appropriate, including a recommendation that the statutory rule be -
(a) disallowed in whole or in part; or
(b) amended as suggested in the report.

4.4 Consideration of Statutory Rules - Annual Report 1995/6

The Subordinate Legislation Subcommittee examined 166 statutory instruments in 1996. The Committee tabled an Annual Report relating to the Statutory Rules Series 1995/96 in May 1997. Following, is an extract from it:—

In the course of examining the 1996 statutory rules, the Subordinate Legislation Subcommittee received undertakings from Ministers to amend 2 statutory rules to meet its concerns. Details of these undertakings appear in Part 2 of this Report. There was one statutory rule made in 1996 fulfilling a Ministerial undertaking given earlier in the year. With respect to a further 7 statutory rules, matters raised by the Subordinate Legislation Subcommittee were resolved by the provision of further explanation and information to the Subcommittee, and further action was not taken………Again, the fact that the Committee did not report on any other of the Regulations made in 1996 is evidence of the cooperative spirit which exists between the Parliamentary Committee and the Executive arm of Government.¹⁴

For further information in relation to the Subcommittee’s work, reference should be made to the Annual Report 1995/6. It outlines in considerable detail all the statutory rules scrutinised by the Committee, correspondence with the various Ministers and any undertakings given. Reference should also be made to the Annual Report 1996/7 which is to be tabled later this Autumn Session of 1998.

¹⁴ Scrutiny of Acts and Regulations Committee, Ninth Report to Parliament on Subordinate Legislation, Annual Report concerning Statutory Rule Series 1995 and 1996, May, 1997.

4.5 Fisheries (Abalone) Regulations 1996 - Information Paper

Much of the Committee’s time during 1996 was spent examining the Fisheries (Abalone) Regulations. As a result of the Committee’s deliberations, an Information Paper was tabled in December 1996.¹⁵ In the end, the Committee did not recommend disallowance of the regulations nor did it recommend any amendment. It was considered appropriate to publish the Information Paper to give members of Parliament and the community an insight into the operation of the Committee.

¹⁵ Scrutiny of Acts and Regulations Committee, Abalone - Taking Stock - Review of the Fisheries (Abalone) Regulations, 1996, Information Paper, December, 1996.

4.6

The Subcommittee is working well. All statutory rules are considered within the time limits specified in the legislation. The Subcommittee is pleased to make a contribution to the scrutiny of legislation in Victoria.

Last update 13/5/99
ŠParliament of Victoria