Scrutiny of Acts and Regulations Committee

Sixth Annual Report,
May 1999

Ordered to be printed
By Authority.  Government Printer for the State of Victoria.
No. 47 Session 1999

5.1 The Reference into Redundant Legislation

On 12 May 1994, the Governor-in-Council made an Order in Council referring the "Reference for the Review of Redundant Legislation" to the Committee. The Governor-in-Council referred the matter to the Committee pursuant to section 4F(1)(a)(ii) of the Parliamentary Committees Act 1968. An election was held in March 1996. After the commencement of the 53^rd Parliament, the Governor-in-Council on 18 June 1996 again referred the Terms of Reference to the Committee.

5.2 Terms of Reference

The Terms of Reference are set out:–

1. The Committee is requested, in conjunction with the Chief Parliamentary Counsel, to inquire into, consider and make recommendations as to:

Acts of Parliament and provisions of Acts of Parliament which are unnecessary or redundant;

legislative instruments made under an Act of Parliament and provisions of legislative instruments made under an Act of Parliament which are unnecessary or redundant.

2. The Committee is requested, in conjunction with the Chief Parliamentary Counsel, to inquire into, consider and make recommendations as to:

Acts of Parliament and provisions of Acts of Parliament which are unclear, ambiguous or should be re-drafted;

legislative instruments made under an Act of Parliament and provisions of legislative instruments made under an Act of Parliament which are unclear, ambiguous or should be re-drafted.

3. In the conduct of this reference, the Committee is requested to pursue the primary objects of reducing the number and complexity of Victorian Acts and legislative instruments, and ensuring that Acts and instruments are clearly expressed in accordance with modern drafting practices.

4. This reference shall continue unless revoked by the Governor-in-Council.

5.3 The Redundant Legislation Subcommittee

The members of the Redundant Legislation Subcommittee are:–

• The Honourable Maree Luckins MLC, Chair;
• Mr Robert Cameron MLA;
• Mr Carlo Carli MLA;
• The Honourable Peter Katsambanis MLC; and
• Mr Murray Thompson MLA.

5.4 Inquiries and Reports

The Committee completed its final report on the review of the Carriers and Innkeepers Act 1958. The Committee had briefed counsel to advise on the issue of possible inconsistency between Federal legislation and the Victorian Act, which advice was delivered in February 1998. The Report was tabled in the Legislative Council on 20 May 1998.² Reference should be made to the Report for further details.

The Committee made considerable progress on its inquiry into the Unlawful Assemblies and Processions Act 1958. An advertisement inviting the public to make submissions in relation to the inquiry was placed in The Age and the Herald-Sun newspapers on 5 September 1998. A Press Release was issued simultaneously. The Committee received a number of submissions in response to these initiatives. The Committee then held a hearing on 23 October 1998, at which the Presiding Officers of Parliament gave evidence, in camera, in relation to their written submission. The Committee expects to table its final report on this review in the Autumn 1999 session.

The Committee is currently considering its future workload, and has corresponded with Ministers to request referral of Acts suitable for review. Chief Parliamentary Counsel attended a Committee meeting on 5 October 1998, to assist the Committee in this regard. In response to its letter asking that appropriate legislation be referred to it for review, the Committee received a request from the Premier to review the Constitutional Convention Act 1972. The Committee also followed up a number of outstanding matters, relating to incomplete inquiries.

Last Updated 18/8/99 ©Parliament of Victoria