Page 177 - Week 01 - Wednesday, 13 February 1991
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suggestion is made by the parliamentary scrutiny committee on the hill, it is almost invariably acted upon by the Executive Government because it knows that, should it choose to disregard the advice of the scrutiny committee and proceed with a piece of delegated legislation, its hand will be forced and it will have to come into the parliament and make time available and argue in favour of that piece of delegated legislation.
In this parliament, at the moment, if a criticism is made of a piece of delegated legislation and the Executive chooses not to accept that criticism, it is at the whim of the Assembly whether time should be made available to allow a full debate.
If a government party, again, I say, of whatever political persuasion - and this has not occurred so far; this is not a political criticism of the Government presently in office - wanted to retain the delegated legislation that had been criticised, it could avoid the matter coming to a debate either by not making time available or by filibustering in the debate. The 15 days in which, under the current law, the motion must be passed would lapse; time would be up and the piece of delegated legislation would remain in force.
This provision ensures that, if any member, any single member, has a concern with a piece of delegated legislation and moves a motion, the matter must be dealt with. It must be dealt with, as would happen on the hill, usually by the Government bringing on debate itself and either amending the delegated legislation or forcing a vote on the issue and passing it. This is a provision, Mr Speaker, which, as I say, strengthens the hand of the parliament against the Executive - absent any partisan political issue - and that is a situation which all members should be concerned to support. Even members who are presently members of the Executive ought always to be aware of the great constitutional importance in preserving the parliament's ultimate control over delegated legislation.
This Bill, Mr Speaker, would introduce into this Assembly the very commendable provision that has been in force for many years now at the Federal level. As a State or Territory parliament we would be showing the way in being prepared to adopt that position, and the consequence would be that the citizens of the ACT would be confident that their elected Assembly representatives could effectively put the delegated legislation of the Executive to scrutiny. I would commend the principle of the Bill to the Assembly.
I would commend the Bill as it stands to the Assembly; but, as I say, I would be happy to discuss with the Attorney or his Law Office any technical or drafting amendments that would allow, if not this precise provision that I have drafted - which is, of course, taken directly from the Commonwealth Acts Interpretation Act, as the Attorney would
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