Scrutiny of Acts and Regulations Committee
Report concerning the Maintenance Act 1965, Marriage
Act 1958
and the Perpetuities and Accumulations Act 1968
Redundant Legislation Subcommittee and Terms of Reference
Scrutiny
of Acts and Regulations Committee
The Scrutiny of Acts and Regulations Committee (“the
Committee”) is a joint investigatory Committee of the Parliament
of Victoria with members drawn from both houses and from the Government
and Opposition. The role of the Committee is primarily to scrutinise bills
and regulations and to review redundant, unclear or ambiguous legislation.
The Committee also examines matters specifically referred to it by reference
from Parliament or by the Governor-in-Council.
Redundant Legislation Subcommittee
While all members of the Committee are involved in the
scrutiny of bills, other Committee functions are carried out by subcommittees
consisting of members of the Full Committee. All Parliamentary Committees
have the power to appoint subcommittees of no fewer than four members.
Accordingly, the Committee has appointed a subcommittee of five members
to review redundant, unclear or ambiguous legislation – the Redundant
Legislation Subcommittee, who are responsible for this review.
Terms of reference
In 1994, the Governor-in-Council referred to the Committee
the additional scrutiny responsibility of reviewing redundant, unclear
and ambiguous legislation. At the expiration of each Parliament the responsibility
for reviewing redundant legislation ceases and these terms of reference
must be renewed with the commencement of each new Parliament. On 3 June
2003, the Lieutenant-Governor as the Governor’s deputy referred
the following terms of reference to the Committee:
A review of redundant legislation.
1) The Committee is requested, in conjunction with Chief
Parliamentary Counsel, to inquire into and consider and make recommendations
as to:
-
Acts of Parliament and provisions of Acts of Parliament
which are unnecessary or redundant; and
-
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
Chief Parliamentary Counsel, to inquire into and consider and make
recommendations as to:
-
Acts of Parliament and provisions of Acts of Parliament
which are unclear, ambiguous or should be re-drafted; and
-
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 inquiry, 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) Acts that the Committee may initially wish to consider under this reference
are:
The Committee is required to report to Parliament on an ongoing basis
as each review is completed.
Dated 3 June 2003
Responsible Minister:
STEVE BRACKS
Premier
Scrutiny
of Acts and Regulations Committee
©
Parliament of Victoria |