Page 2789 - Week 10 - Tuesday, 14 August 1990
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Leave granted to dispense with the detail stage.
Bill agreed to.
EVIDENCE (LAWS AND INSTRUMENTS) (AMENDMENT) BILL 1990
Debate resumed from 8 August 1990, on motion by Mr Collaery:
That this Bill be agreed to in principle.
MR DUBY (Minister for Finance and Urban Services) (4.44): Mr Acting Speaker, there are a few words I would like to say in connection with this package of Bills - - -
Ms Follett: You are determined to say them whether we need them or not; is that right?
MR DUBY: Yes, I am determined to say them whether we need them or not. I am sure members are agreed that the transfer of corporate affairs functions to the ACT represents yet another small but important step in the transition of the ACT to becoming a fully fledged member of the Commonwealth of Australia.
This package comprising the Associations Incorporation (Amendment) Bill 1990, the Business Names (Amendment) Bill 1990, the Unclaimed Moneys (Amendment) Bill 1990 and the Evidence (Laws and Instruments) (Amendment) Bill 1990, is another severing of Commonwealth Government apron-strings. Administration of the first three Bills I have just named was transferred to the ACT at self-government. However, until now, the Corporate Affairs Commission has administered them on our behalf. Now the time has come for us to take full responsibility for these matters. Responsibility will take the form of increasing the range of duties currently undertaken by an existing structure, namely the registrar's office. These three Bills will enable us to establish a registrar of incorporated associations, a registrar of business names and a registrar of unclaimed moneys, to operate out of a single location. I am sure members have seen the merit, not to mention the convenience of this proposal. Members will also be pleased to note that this proposed method of operation will not involve the expenditure of any of the Territory's all too scarce capital.
A consequence of the creation of the new registrars is the alteration of the Evidence (Laws and Instruments) Act 1989. The proposed changes to that enactment mean that a registrar's signature and seal will be recognised by a court. The fact that a person holds, or held, the office of registrar is also given judicial recognition. This acknowledges and protects the registrar's position. Other rights are safeguarded by transitional provisions to have effect during the changeover period.
This package of amendments also makes an alteration to the method of setting fees in the use of forms. In the past, fees were prescribed in schedules to the relevant legislation and forms were prescribed in regulations. Making alterations to fees and forms took longer than it should. These Bills propose that fees be set by determination and published in the Gazette and forms be approved by the registrar. This will streamline the process where changes are needed and result in the fees being charged more accurately reflecting the cost of services provided by the registrar. A determination, as
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