Page 2859 - Week 07 - Wednesday, 30 June 2010

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the scrutiny of bills committee in relation to this bill, but he only read the first paragraph. I hope that in curtailing what he read he was not attempting to mislead the Assembly about the content of the report.

I need to put it in context. What the scrutiny of bills committee does is look at every bill that comes before this place, amongst other things. But in relation to bills it looks at every bill. It looks at them in terms of the scrutiny of bills committee’s terms of reference and then it makes comment on them.

The Road Transport (Alcohol and Drugs) (Random Drug Testing) Amendment Bill was reported on in the 18th report of the scrutiny of bills committee. The Chief Minister yesterday read out the first paragraph.

It is true to say, Mr Speaker, that the scrutiny of bills committee did not have a great deal to say about the bill but that is because, when looking at the bill in the context of the scrutiny of bills committee’s terms of reference, there was not much to say. Because we already have a random roadside breath alcohol testing regime, we have already had a discussion in the context of the human rights implications.

What the scrutiny of bills committee actually said is that we are cognisant of the fact that there is already a random breath testing system for alcohol and that this bill would have the same implications as it would the random roadside alcohol testing. It drew attention to some issues which were addressed by Mr Hanson. He wrote back to the committee to thank the committee for their comments and to draw the committee’s attention to the fact that he had picked up the issues that had been raised by the scrutiny of bills committee.

I want to remind members what the terms of reference for the scrutiny of bills committee are. We are the Standing Committee on Justice and Community Safety performing the duties of the scrutiny of bills and subordinate legislation committee. We have a remit to:

… consider whether any instrument of a legislative nature made under any Act which is subject to a disallowance and/or disapproval by the Assembly …

That is the first thing we have to do. The committee also has to:

… consider whether the explanatory statement or explanatory memorandum associated with legislation and any regulatory impact statement meets the technical and stylistic standards expected of the Committee;

The committee also has to consider in relation to bills:

… whether the clauses of bills introduced into the Assembly:

(i) unduly trespass on personal rights and liberties;

(ii) make rights, liberties and/or obligations unduly dependent upon insufficiently defined administrative powers;

(iii) make rights, liberties and/or obligations unduly dependent upon non-reviewable decisions;


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