Discrimination in the Law

Inquiry under section 207 of the Equal Opportunity Act 1995

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Appendix 2: Committee Terms of Reference

The statutory functions of the Scrutiny of Acts and Regulations Committee as set out in section 4D of the Parliamentary Committees Act 1968 are –

(a) to consider any Bill introduced into a House of the Parliament and to report to the Parliament as to whether the Bill, by express words or otherwise –

(i) trespasses unduly upon rights or freedoms; or

(ii) makes rights, freedoms or obligations dependent upon insufficiently defined administrative powers; or

(iii) makes rights, freedoms or obligations dependent upon non-reviewable administrative decisions; or

(iiia) unduly requires or authorises acts or practices that may have an adverse effect on personal privacy within the meaning of the Information Privacy Act 2000; or

(iiib) unduly requires or authorises acts or practices that may have an adverse effect on privacy of health information within the meaning of the Health Records Act 2001; or

(iv) inappropriately delegates legislative power; or

(v) insufficiently subjects the exercise of legislative power to parliamentary scrutiny; and

(b) to consider any Bill introduced into a House of the Parliament and to report to the Parliament –

(i) as to whether the Bill by express words or otherwise repeals, alters or varies section 85 of the Constitution Act 1975, or raises an issue as to the jurisdiction of the Supreme Court;

(ii) where a Bill repeals, alters or varies section 85 of the Constitution Act 1975, whether this is in all the circumstances appropriate and desirable; or

(iii) where a Bill does not repeal, alter or vary section 85 of the Constitution Act 1975, but where an issue is raised as to the jurisdiction of the Supreme Court, as to the full implications of that issue; and

(ba) to consider any Act passed at any time after 25 February 2003 and before the commencement of section 7 of the Parliamentary Committees and Parliamentary Salaries and Superannuation Acts (Amendment) Act 2003 and to report to the Parliament with respect to that Act on any matter referred to in paragraph (a) or (b); and

(c) such functions as are conferred on the Committee by the Subordinate Legislation Act 1994; and

(ca) such functions as are conferred on the Committee by the Environment Protection Act 1970; and

(cb) such functions as are conferred on the Committee by the Co-operative Schemes (Administrative Actions) Act 2001; and

(d) to review any Act where required so to do by or under this Act, in accordance with terms of reference under which the Act is referred to the Committee.


Scrutiny of Acts and Regulations Committee
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