Page 1174 - Week 04 - Thursday, 4 May 2006
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Schedule 3 contains technical amendments proposed by the parliamentary counsel to correct minor typographical or clerical errors, improve language, omit redundant provisions, include explanatory notes or otherwise update or improve the form of legislation. Statute law amendments bills may also include a fourth schedule that repeals redundant legislation. However, a fourth schedule is not included in this Statute Law Amendment Bill.
The bill contains a large number of minor amendments with detailed explanatory notes, so it would not be useful for me to go through them now. However, I would like to briefly mention several matters.
Schedule 1 amends the Emergencies Act 2004 to remove an anomaly relating to burning off. The intended effect of section 123 (2) was that the owner of land had to comply with the two requirements about clearance of flammable material and notice to adjoining occupiers before being permitted to burn off outside the bushfire season. However, under the section, as made, the owner need only comply with either of the requirements. The amendment links the requirements by changing an “or” to an “and” at the end of section 123 (2) (a).
Schedule 2 provides for non-controversial structural amendments to the Legislation Act 2001 and the Legislation Regulation 2003 initiated by the parliamentary counsel’s office. Structural issues are particularly concerned with making the statute book more coherent and concise and therefore more accessible. Strategies to achieve these objectives include avoiding unnecessary duplication and achieving the maximum degree of standardisation of legislative provisions consistent with policy requirements and operational needs.
The amendments to the Legislation Act in schedule 2, part 2.1 include the following: replacement of the term “registrable instrument” with the better known term “legislative instrument”; amendments to clarify and simplify section 88, which is about the continuing operation of transitional and validating laws after their repeal or expiry, in particular to ensure that the repeal or expiry of a transitional or validating law does not of itself displace section 88 or give rise to an implication that section 88 is intended to be displaced and an amendment to section 89 to ensure the automatic repeal of amending laws that cannot fully commence, for example, where the law amended has been repealed.
Schedule 3 includes amendments to acts that have been reviewed as part of an ongoing program of updating and improving the language and form of legislation. The amendments are technical in nature and include the insertion of dictionaries and the inclusion of notes for the benefit of users of legislation. The notes are part of the overall strategy to raise awareness of the impact of the Legislation Act on other legislation.
In addition to the explanatory notes in the bill, the parliamentary counsel is also available to provide any further explanation or information that members would like about any of the amendments made by the bill. I commend the bill to the Assembly.
Debate (on motion by Mr Stefaniak) adjourned to the next sitting.
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