Page 1055 - Week 04 - Wednesday, 20 March 1991
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stood, but tidies up any possibility for confusion. The phrase "ceases to have effect" is identical to that used in the Commonwealth Acts Interpretation Act.
It is important to stress that the purpose of this is not to change a present provision that provides for invalidity from the date of implementation. That was never intended to be the present law, but it could be argued in a court and the use of the term "void" could well give that impression to a court.
The other important change in this legislation, introduced at the suggestion of parliamentary counsel - one that we are very pleased to support - is to take my amendment somewhat further. I provided in the original Bill simply for the possibility of deemed disallowance. The Bill now includes also a new section 7B which covers the situation where a member moves for disallowance of a regulation and within the 15 sitting days - the period, members will recall, which can run and at the end of which if the regulation has not been supported it will be deemed to be of no effect - the Assembly is dissolved or expires. This new section 7B, in effect, preserves the original motion for disallowance. It prevents the possibility that a subordinate law could slip through the net because it was introduced late in a period before an election. For example, a member moves disallowance, the government of the day prevents a debate, the house expires and when the newly constituted house sits again, of course, the 15 days would have passed and there would be no possibility of the matter being debated. That model on the equivalent provision in the Commonwealth Acts Interpretation Act tidies up the amendment by providing for the situation where the Assembly is dissolved or expires.
The other principal change is to substitute a new subsection 10, which is an improvement on the drafting of the subsection. In the original Bill I was not going to deal with subsection 10, which refers to the effect of disallowance. I relied on that to cover both deemed and actual disallowance. Subsection 10, as now proposed, is somewhat more elegant and separates the consequences of deemed disallowance and actual disallowance, although the consequences are, in fact, the same.
So, Mr Speaker, this is an improved piece of legislation. I compliment and thank Mr Hunt for his prompt attention to the matter and the elegant drafting in some of these new provisions. It will further improve the Subordinate Laws Act and will give effect, as I said at the outset, to an important principle, one which reaffirms the ultimate sovereignty of the Assembly, and members of the Assembly, over the Executive in the passage of laws in this Territory.
Debate (on motion by Mr Collaery) adjourned.
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