Scrutiny of Acts and Regulations Committee

Subcommittees

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[Redundant Legislation] [Regulation Review]

All Parliamentary Committees have power to appoint subcommittees of not less than four members. Currently SARC has appointed the following Subcommittees:

Redundant Legislation

In 1994, an additional scrutiny responsibility to review redundant, unclear or ambiguous legislation was referred to the Committee by a Governor-in-Council Order.

At the prorogation of each Parliament these terms of reference expire and must be renewed at the commencement of each Parliament for the Commitee to perform this function.

Membership

Mr Edward O'Donohue MLC
(Subcommittee Chairperson)
Mr Carlo Carli MLA
Mr Khalil EideH MLC
Mrs Inga Peulich MLC
Ms Jaala Pulford MLC

Terms of Reference

Referred to the Committee by the Legislative Assembly on 1 March 2007.

Motion moved by Hon. Peter Batchelor MLA

7 - PARLIAMENTARY COMMITTEE REFERENCES — Motion made and question — That under s 33 of the Parliamentary Committees Act 2003 the following matters be referred to the joint investigatory committees specified:

…

(17) To the Scrutiny of Acts and Regulations Committee — for inquiry, consideration and report by the last sitting day in 2008:

(a) in conjunction with Chief Parliamentary Counsel, make recommendations on —

(i) Acts of Parliament and provisions of Acts of Parliament which are unnecessary or redundant; and

(ii) legislative instruments made under an Act of Parliament and provisions of legislative instruments made under an Act of Parliament, which are unnecessary or redundant; and

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

(iv) 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;

(b) the implications of the national corporations regulatory framework and whether as a consequence of the referral of corporations powers to the Parliament of the Commonwealth any Victorian Acts should be repealed and if so whether any existing provisions should be saved by inclusion into other appropriate legislation; this consideration should include:

(i) Companies Act 1961;

(ii) Companies Act 1975;

(iii) Companies (Application of Laws) Act 1981;

(iv) Securities Industry Act 1975;

(v) Securities Industry (Application of Laws) Act 1981;

(vi) Marketable Securities Act 1970;

(vii) Collusive Practices Act 1965;

and, 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.

Regulation Review

Summary

The Regulation Review Subcommittee reviews regulations against the principles set out in section 21 of the Subordinate Legislation Act 1994. These include —

Whether the Regulation is incompatible with the human rights set out in the Charter of Human Rights and Responsibilities;
Whether the Regulation is inconsistent with principles of justice and fairness;
Whether the Regulation unduly trespasses on rights and liberties of the person previously established by law;
Whether the Regulation appears to be inconsistent with the general objectives of the authorising Act;

It also scrutinises regulations to ensure procedural compliance with ss 6-9 of the Subordinate Legislation Act 1994.

If regulations substantially contravene the procedures or principles contained in section 21 of the Subordinate Legislation Act 1994, the Subcommittee may report to Parliament. It may recommend disallowance of the Regulations.

The Subcommittee meets throughout the year to examine regulations.

Membership

Mr Ken Jasper MLA
(Subcommittee Chairperson)
Mr Colin Brooks MLA
Mr Carlo Carli MLA
Mr Khalil Eideh MLC
Mr Ryan Smith MLA

Functions

Section 21 of the Subordinate Legislation Act 1994 provides—

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 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 previously established by law;

(g) makes rights and liberties of the person unduly dependent upon administrative and not upon judicial decisions;

(ga) 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.

(gb) 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 2000.

(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 the 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 recommendations that the Scrutiny Committee considers appropriate, including a recommendation that a statutory rule should be—

(a) disallowed in whole or in part; or

(b) amended as suggested in the report.