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Legislative Assembly for the ACT: 1997 Week 11 Hansard (4 November) . . Page.. 3584 ..

MS McRAE (continuing):

The Commonwealth may well seek to do the same, as this net for catching statutes seems to catch everything which it may or may not be necessary for the Assembly to scrutinise. But it seems simpler at this point to support this amendment and, perhaps in a year's time or so, to review it, have a look and see what the impact of it has been and how the whole thing is travelling, and make appropriate changes at that time. So, the Opposition will support both of these amendments.

MR STEFANIAK (Minister for Education and Training) (5.48): Just to conclude on that, I think Ms McRae raises a valid point. Certainly, we also were concerned about whether there would be considerable inconvenience for no real benefit. I think the idea of monitoring this is very sensible, and is certainly something the Government would agree with.

Amendments agreed to.

Clause, as amended, agreed to.

Remainder of Bill, by leave, taken as a whole

MR MOORE (5.49): Mr Speaker, I move:

Page 11, line 25, clause 31, omit the clause, substitute the following clause:

"Regulations

31. The Executive may make regulations for the purposes of this Act.".

Mr Speaker, this amendment brings to my mind the old song - to spare you, I will not sing it - about "Henry the Eighth, I am, I am". I can see the Chief Minister already bopping up and down to that. Mr Speaker, clause 31 is a Henry VIII clause; that is, one which, the legislation having been passed, allows the Executive to change the legislation to whatever it wants. It is a transfer of power back to the Executive from the parliament to do the job of the parliament, and, as such, is entirely inappropriate.

I am a bit disappointed that it was not picked up by the Scrutiny of Bills Committee. I am a bit disappointed that it was not picked up by the Minister. But, having said that, I have to say that I also did not pick it up until about the third reading of the Bill very recently. That is just an unfortunate thing. All members of the Assembly have a role to make sure that their scrutiny of the legislation is as thorough as possible, and that increases our chances of picking these things up.

Mr Speaker, I am pleased that members have indicated that they will be supporting the change in the amendment. I think it does highlight for us that we have to be careful with this sort of legislation. Since Professor Whalan actually explained to me what a Henry VIII clause was - after I had been in the Assembly for some time, I must say - I have actually found them very interesting. I have never quite understood why it is called a Henry VIII clause. Perhaps somebody will be able to explain that to me.

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