Review of Redundant and Unclear Legislation
Third Report

Chapter One - Overview

Introduction to the Third Report

1.1 The Scrutiny of Acts and Regulations Committee is pleased to present to the Parliament its Third Report on Redundant and Unclear Legislation.

1.2 The Third Report involves the review of a considerable number of Acts in conjunction with the Ministers and staff of the relevant government departments. After considering each Act separately, the Third Report lists those Acts which the Redundant Legislation Subcommittee recommends for repeal.

1.3 The Third Report also outlines investigations made into particular Acts, such as the Carriers & Innkeepers Act 1958. The results of these detailed inquiries have resulted in separate reports already tabled in Parliament, or to be tabled in the near future.

1.4 Finally, the Third Report includes a second draft Statute Law Revision Bill, prepared with the assistance of the Chief Parliamentary Counsel. After consultation and the receipt of advice, the Committee has reached the conclusion that the redundant Acts set out in Schedule 1 in the draft Bill, contained in Appendix 1, should be repealed.

Subcommittee’s Powers

1.5 Readers of the First and Second Reports on Redundant and Unclear Legislation will be aware that the Scrutiny of Acts and Regulations Committee, in conjunction with the Chief Parliamentary Counsel, was given a Reference by the Governor-in-Council in 1994 to review Victorian legislation and make recommendations for the repeal or amendment of poorly drafted and outdated legislation.

1.6 The terms of reference appear in full at the front of this Report.

1.7 Following the March 1996 election and the commencement of the 53rd Parliament of Victoria, the Governor-in-Council on 18 June 1996 again referred the terms of reference to the Committee.

The Redundant Legislation Subcommittee

1.8 The Chairperson of the Redundant Legislation Subcommittee is the Hon. Maree Luckins, MLC. The members are Mr Robert Cameron, MP, Mr Carlo Carli, MP, the Hon. Peter Katsambanis, MLC and Mr Murray Thompson, MP.

Procedure

1.9 A list of Acts and provisions that were considered spent or outdated was prepared by the Chief Parliamentary Counsel. The Committee then asked the relevant Minister to consider whether, in fact, the Act or provision was spent or outdated. Acts and provisions determined to be spent or outdated were included in the second draft Statute Law Revision Bill, annexed to the Third Report.

1.10 Further, the Committee reviewed legislation on a portfolio by portfolio basis. The portfolio reviews were conducted with the assistance of the relevant Ministers and departmental staff.

Last update 29/8/99 ©Parliament of Victoria