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Legislative Assembly for the ACT: 1997 Week 9 Hansard (2 September) . . Page.. 2723 ..

Bill, by leave, taken as a whole

MR MOORE (11.22): Mr Speaker, I seek leave to move amendments Nos 1, 2 and 4 together.

Leave granted.

MR MOORE: I move:

Page 2, lines 16 to 18, clause 5, proposed paragraphs 7(1)(a) and (b), omit the proposed paragraphs.

Page 2, line 28, clause 5, proposed subsection 7(2), omit "paragraph (1)(d), (f), or (h)", substitute "subsection (1)".

Page 3, lines 15 to 17, clause 8, proposed section 96A, omit the proposed section, substitute the following section:

"Fees

`96A. (1) The Minister may, by notice in writing, determine fees for the purposes of this Act or the Regulations.

`(2) A determination under subsection (1) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.'.".

Mr Speaker, these are the areas that, judging from the in-principle stage of the Bill, were not controversial. They raise the issue of ensuring that the power of disallowance remains in a broader way. Mr Speaker, I draw members' attention to the fact that I distributed to members a slightly amended version of my amendments, which will have the effect of ensuring that the drafting of the amendments is done correctly, in terms of the detail and in terms of the way it would appear. I have taken advice from the Parliamentary Counsel that that is a slightly better way to deal with amendment No. 2.

In his speech in reply to the debate, the Minister, Mr Kaine, talked about disallowable instruments increasing the workload of the Assembly and said that this is something that we ought to be very careful of. The reality is that disallowable instruments have not increased the workload of the Assembly particularly. In fact, the very way they operate has the opposite effect. What happens is that a Minister makes a decision, knowing that the decision he makes is subject to disallowance, and therefore a great deal more care is taken to consult other members to ensure that subordinate legislation is not prepared in a way that would be considered inappropriate by the Assembly. That being the case, it is a very unusual thing for a member to move disallowance.

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