Page 5795 - Week 18 - Tuesday, 10 December 1991
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MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (4.33): I take this opportunity to explain a brief amendment that is being circulated. Officers have been looking at this legislation in line with the package that was recently passed. A minor drafting improvement has been proposed. The amendments to section 3 of the principal Act give a right of appeal in relation to prescribed decisions, and it was expected that, by regulations, the appropriate type of disputed decision would be prescribed.
It has been felt that it would be more consistent with the other drafting of the Act and the principal Act if we were to say in the Act which decisions this applies to. I am proposing an amendment to omit "prescribed decision" and substitute "decision made under the Land (Planning and Environment) Act 1991 or the Heritage Objects Act 1991" so that it is clear on the face of the Act which decisions we are talking about rather than using the drafting technique of a prescribed decision and then having to go to regulations to find which decisions are prescribed. It is an amendment for greater clarity.
Clause agreed to.
Clauses 2 and 3, by leave, taken together, and agreed to.
Clause 4
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (4.35): I move:
Page 2, line 13, proposed subparagraph 3(4)(a)(iii), omit the words "prescribed decision", substitute "decision made under the Land (Planning and Environment) Act 1991 or the Heritage Objects Act 1991".
This clarifies what decisions we are talking about and locks it into decisions under the Land (Planning and Environment) Act and the Heritage Objects Act rather than relying on a prescribed decision and subsequent regulations.
MR COLLAERY (4.35): We support that amendment. Mr Deputy Speaker, I wish to take the opportunity to point out to members that this decision of this Government and the former Alliance Government adopts, if you look at the Act, a situation whereby a person who considers a decision or conduct to be contrary to law may apply for a review of the decision or conduct. That means that the person only has to consider that the decision is wrong. That formulation
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