Page 2793 - Week 09 - Thursday, 26 August 1993

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consequential provisions Bill as an administrative convenience, I suppose, on the one hand; but also, to some extent, as a courtesy to the parliament, because it allows the parliament to see the full extent of the changes that are necessary. It actually brings the regulatory changes in, rather than the Executive simply making the regs and bringing them in for disallowance.

I have asked Mr Hunt to prepare me a formal advice to that effect which I will table in this place at our next sitting. I am quite satisfied that the advice I have received is accurate from first principles; that is, that this place is superior in its authority to the Executive, and therefore, even absent a specific provision in the Subordinate Laws Act or the self-government Act which says that the Assembly can make a regulation, it would follow from its superior status that it can amend a regulation. It follows from that, of course, that it may amend a regulation, and, heaven forbid, we have probably opened up the prospect of private members regulations - something which gives me no joy at all, but no doubt Mr Humphries's fertile mind will be looking for mischief to be caused by private members regulations. It appears that that must be the position. It has been done on a number of occasions in the past, and it has been done in other parliaments, and in all cases the source of authority is the simple basis that the parliament is superior to a subordinate regulation-making power.

Madam Speaker, the amendments that have been circulated in my name look rather long. In fact, they are very simple. They just correct reference to the appropriate Act, but they have a little more significance in that they have alerted us to the possibility of this Assembly making regulations.

Question resolved in the affirmative.

Bill agreed to in principle.

Leave granted to dispense with the detail stage.

Bill agreed to.

REGISTRAR-GENERAL (CONSEQUENTIAL PROVISIONS) BILL 1993

Debate resumed from 17 June 1993, on motion by Mr Connolly:

That this Bill be agreed to in principle.

Question resolved in the affirmative.

Bill agreed to in principle.


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