Page 2199 - Week 07 - Thursday, 17 June 1993

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PARTICULAR STATUTE IN ANY PARTICULAR CASE. HOWEVER, THE GOVERNMENT HAS DECIDED TO TAKE A PRO-ACTIVE APPROACH. IT IS ESSENTIALLY A MATTER OF POLICY WHETHER THE CROWN IS BOUND BY ITS OWN LEGISLATION AND AS SUCH TT SHOULD BE DETERMINED BY THE ASSEMBLY - NOT THE COURTS. A SIMPLE PROCESS NEEDED TO BE ADOPTED BY THE A.C.T WHICH ENSURED THAT WHEN A NEW LAW WAS PROPOSED, PROPER CONSIDERATION WAS GIVEN TO WHETHER THE A.C.T, THE COMMONWEALTH AND OTHER JURISDICTIONS SHOULD BE BOUND BY THE LEGISLATION. FURTHERMORE, IT WAS NECESSARY TO CONDUCT A REVIEW OF EXISTING LEGISLATION TO DETERMINE WHETHER THE CROWN REQUIRED ANY IMMUNITIES FROM EXISTING LEGISLATION.

THE END RESULT IS CONTAINED IN THE BILLS BEFORE YOU, THAT IS THE INTERPRETATION (AMENDMENT) BILL (N0.2), AND THE ACTS REVISION (POSITION OF CROWN) BIM THE INTERPRETATION (AMENDMENT) BILL (N02) WILL INSERT A NEW SECTION 7 INTO THE INTERPRETATION ACT. THE NEW SECTION 7 WILL ADDRESS MOST GENERAL ISSUES REGARDING BINDING THE CROWN TO A.C.T. LEGISLATION.

THE NEW SUBSECTION 7(1) WILL REVERSE THE FORMER PRESUMPTION THAT THE CROWN IS NOT BOUND BY LEGISLATION. IF A LAW IS

CAPABLE OF BINDING THE CROWN, AND THIS SIMPLY MEANS THAT

THfi LAW IMPOSES SOME OBLIGATION ON THE CROWN, THEN IT WILL BE BINDING ON THE CROWN UNLESS THAT LAW CONTAINS AN EXPRESS PROVISION TO THE CONTRARY. THIS PROVISION WILL APPLY TO ALL LAWS, INCLUDING THOSE LAWS TO BE PASSED 1N THE FUTURE AND LAWS ALREADY IN EXISTENCE. THE GOVERNMENT CONSIDERED

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