SCRUTINY OF ACTS AND REGULATIONS COMMITTEE
REVIEW OF REDUNDANT AND UNCLEAR LEGISLATION

Unlawful Assemblies and Processions Act 1958
ISSUES PAPER

Chairman's Foreword

The Scrutiny of Acts and Regulations Committee, in conjunction with Chief Parliamentary Council, was given a reference by the Governor in Council, to review redundant legislation on 12 May 1994. A State election was held on 30 March 1996. The Committee was dissolved and the reference lapsed. The Government was returned. A new Committee was formed for the life of the 53rd Parliament. The reference was again referred to the Committee by the Governor in Council on 18 June 1996.

The reference requests the Committee to review Acts of Parliament and other legislative instruments which are unnecessary or redundant or alternatively, which are unclear, ambiguous, or should be redrafted.

The primary objective of the Committee is to reduce the number and complexity of Victorian Acts and legislative instruments and ensure that Acts and instruments are clearly expressed in accordance with modern drafting practices. The overall aim of the Committee is to ensure that the Victorian statute book is clear, relevant and accords with the needs of the community.

Under the terms of reference the Committee is required to examine several aspects of the legislation contained in the Statute Book. Bearing in mind the primary object of reducing the number and complexity of Victorian Acts and legislative instruments, the Committee of the 52nd Parliament approached the task on the portfolio by portfolio basis. The portfolio reviews were conducted in conjunction with Ministers and departmental staff.

As part of the examination of the portfolio, the then Minister for Police and Emergency Services, the Hon Patrick McNamara, requested the Committee to review the Unlawful Assemblies and Processions Act 1958 ("the Act").

An important function of the review of this Act is to seek a balance between various competing interests, including the right of peaceful assembly and the exercise of such a right in the context of the rights of the community at large. It is timely that the contemporary relevance of this Act be considered by the people of Victoria. The planned temporary relocation of the Parliament makes it highly pertinent for broad consultation to occur. The Committee, in its consideration of this Act, hopes to be in a position to make recommendations taking into account the widest possible views.

Issues of primary importance may be seen to be raised when considering the possibility of competing interests as fundamental to a constitutional democracy as the protection of the Parliament and parliamentary business along with rights of public assembly, free expression, freedom of communication, association and movement.

I wish to thank all the members of the Scrutiny of Acts and Regulations Committee from the 52nd Parliament for their work and acknowledge their contributions. Similarly, my thanks to all members of the current Scrutiny of Acts and Regulations Committee. In particular, I am grateful to the Hon Maree Luckins, MLC, the Chair of the Redundant Legislation Subcommittee and those committee members who worked with her over the course of numerous lengthy meetings to enable the development of this Issues Paper. Thank you also to Mrs Karen Macdonald and Ms Dominique Saunders, Legal Officers, for their research, drafting and editing skills. Finally, I express my appreciation for the assistance of Mrs Rhonda MacMahon, Mr Stephen Robertson and Mr Richard Kings for dealing with the relevant administrative tasks.

The Committee invites discussion and comment from the public as a review of the Act necessarily involves consideration of matters of rights and freedoms which are particularly pertinent in a democratic society.

It is anticipated the Report of the Committee will be tabled in the Parliament during 1997.

Mr Peter Ryan, MP
Chairman
December 1996

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