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Report Details


Committee Name:

Uniform Legislation and Statutes Review Committee

House:

Legislative Council
Report Type:Report

Title:

Statutes (Repeal and Minor Amendments Bill) 2006
Report No:21
No of Pages:67
Physical Location:Legislative Council Committee Office

Presentation Date:

10/16/2007
Related Report(s):Report No 8 - Statutes Law Revision Bill 2005 (4 Apr 2006)
Inquiry Name(s):Statutes (Repeals and Minor Amendments) Bill 2006


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Hide details for Executive Summary [<br>][<br>]Executive Summary



1 The Committee has examined the Statutes (Repeals and Minor Amendments) Bill 2006 to determine to what extent its provisions comply with the accepted function of omnibus statutes review bills in the Parliament of Western Australia.

2 The Bill’s 159 clauses propose the repeal of 18 State Acts or Ordinances (including five State legislative Codes), amendments to 152 State Acts, and the repeal of eight Imperial Acts, either in part or in full.

3 The overwhelming majority of proposed amendments are suitable for inclusion in an omnibus statutes review Bill and are identified at Appendix 2 to this report.

4 The Committee draws the attention of the Legislative Council to five of the proposed amendments in the Bill for its consideration without making any recommendation. These are highlighted at paragraphs 2.18-2.44 of the report.

5 The Committee advises the Legislative Council that amendments to six Acts proposed in the Bill are not suitable for inclusion in an omnibus statutes review Bill. These are highlighted at paragraphs 2.45-2.112 of the report.

6 Some additional matters of concern are raised for the consideration of the Legislative Council at paragraphs 2.113-2.120 of the report.


Recommendations

7Recommendations are grouped as they appear in the text at the page number indicated:

Page 11


    Recommendation 1: The Committee recommends that, during debate on clause 33 of the Statutes (Repeals and Minor Amendments) Bill 2006, the responsible Minister advise the Legislative Council why the Companies (Administration) Act 1982 was not repealed in its entirety, and in the event that this was not an oversight, why reference to the Companies Act 1961 remains undisturbed in the Long Title of the Companies (Administration) Act 1982.

Page 26


    Recommendation 2: The Committee recommends that, should the Government table an amendment to clause 18 of the Bill in the same terms as those contained within Appendix 3, the House do accept the amendment.

Page 26


    Recommendation 3: The Committee recommends that, should the Government table an amendment to clause 41(4) of the Bill in the same terms as those contained within Appendix 3, the House do accept the amendment.

Page 29


    Recommendation 4: The Committee recommends that sub-clause 41(6) of the Statutes (Repeals and Minor Amendments) Bill 2006 be deleted from the Bill. This could be effected by the following amendment -




    Page 19, lines 15 to 17 - To delete the lines.

Page 34


    Recommendation 5: The Committee recommends that clause 45 of the Statutes (Repeals and Minor Amendments) Bill 2006 be deleted from the Bill. This could be effected by the following amendment -




    Page 21, line 20 to page 24, line 13 - To delete the lines.

Page 36


    Recommendation 6: The Committee recommends that during debate on sub-clause 52(2) of the Statutes (Repeals and Minor Amendments) Bill 2006, the responsible Minister advise the Legislative Council on what basis the proposed amendment complies with the Premier’s Circular 2003/15, Statutes (Repeals and Minor Amendments) Bill.

Page 37


    Recommendation 7: The Committee recommends that sub-clauses 95(2)-(3) of the Statutes (Repeals and Minor Amendments) Bill 2006 be deleted from the Bill. This could be effected by the following amendment -




    Page 49, lines 1 to 14 - To delete the lines.

Page 39


    Recommendation 8: The Committee recommends that sub-clause 114(2) of the Statutes (Repeals and Minor Amendments) Bill 2006 be deleted from the Bill. This could be effected by the following amendment -




    Page 57, lines 8 to 10- To delete the lines.

Page 39


    Recommendation 9: The Committee recommends that sub-clause 114(4) of the Statutes (Repeals and Minor Amendments) Bill 2006 be deleted from the Bill. This could be effected by the following amendment -




    Page 57, lines 16 to 18- To delete the lines.

Page 40


    Recommendation 10: The Committee recommends that Premier’s Circular 2003/15, Statutes (Repeals and Minor Amendments) Bill, issued by the Department of Premier and Cabinet, Western Australia, 24 November 2003 be amended and re-issued to make clear to departments that omnibus statutes review Bills are not appropriate vehicles for amendments whose sole or principal function is: “to better implement the object or intent of legislation” or are otherwise justified primarily on the grounds of legislative policy.

Page 41


    Recommendation 11: The Committee recommends that the Premier ensure that the purpose and limitations of omnibus statutes review Bills are more clearly understood by Departmental legislative instructing officers.

Page 42


    Recommendation 12: The Committee recommends that Ministers ensure that Explanatory Memorandum commentary relating to inclusions in omnibus statutes review Bills adequately and accurately explain the purpose and effect of proposed amendments prior to the tabling of an omnibus statutes review Bill in the Legislative Council.

Page 42


    Recommendation 13: The Committee recommends that, where possible, proposed amendments of a related nature should be co-located in a separate Part or Division within any future omnibus statutes review Bill to streamline the scrutiny process.