Constitution and Parliamentary Committees (Amendment) Act 1997 (Vic)

Constitution and Parliamentary Committees

(Amendment) Act 1997

Act No. 13/1997

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	New section 6E inserted	2
6E. Offices are not agencies under Freedom of Information

Act 1982 2

4.	Amendment of section 63	2
5.	New Part IVA inserted	3
PART IVA—COMMISSIONS AND BOARDS OF
INQUIRY	3
88B. Commission of Inquiry	3
88C. Board of Inquiry	3
6.	Allowances for members of Parliamentary Committees	3
7.	Supreme Court—limitation of jurisdiction	4

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NOTES 5

i

Victoria

No. 13 of 1997

Constitution and Parliamentary

Committees (Amendment) Act 1997†

[Assented to 6 May 1997]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to make certain
amendments to the Constitution Act 1975 and the

Parliamentary Committees Act 1968.

2. Commencement

(1) Subject to sub-section (2), this Act comes into

operation on the day on which it receives the
Royal Assent.

Constitution and Parliamentary Committees (Amendment) Act
1997

Act No. 13/1997 s. 3

(2) Section 3 is deemed to have come into operation

on 20 December 1994.

3. New section 6E inserted

After section 6D of the Constitution Act 1975	No. 8750. Reprinted to
insert—	No. 36/1995 and
"6E. Offices are not agencies under Freedom of Information Act 1982	subsequently
amended by
Nos 7/1996,
24/1996,
Despite anything to the contrary in the	35/1996,
Freedom of Information Act 1982, the	43/1996 and
Governor, the Lieutenant-Governor or the	60/1996.
Administrator is not an agency within the meaning of that Act.".

4. Amendment of section 63

(1) In section 63 of the Constitution Act 1975, omit

"originate or".

(2) The enactment or validity of an Act enacted or

purporting to have been enacted before the return or impost and was originated by the Legislative Assembly before the purpose of the appropriation had been recommended by a message of the Governor to the Legislative Assembly.

commencement of this section shall not be called
in question in any proceeding in any court or
tribunal on the ground that the Bill for the Act was
a Bill for appropriating any part of the

(3) Anything done or omitted to be done under the

authority or purported authority of an Act to
which sub-section (2) applies shall not be called in
question on the ground referred to in that sub-
section.

Constitution and Parliamentary Committees (Amendment) Act
1997

s. 5 Act No. 13/1997

5. New Part IVA inserted

After Part IV of the Constitution Act 1975 insert—

"PART IVA—COMMISSIONS AND BOARDS OF

INQUIRY

88B. Commission of Inquiry

The Governor in Council has, and is to be taken always to have had, the power to issue a commission to a person or persons to make an inquiry into such matters as are specified by the Governor in Council.

88C. Board of Inquiry

The Governor in Council has, and is to be taken always to have had, the power to appoint a board for the purpose of inquiring into such matters as are specified by the Governor in Council.".

6. Allowances for members of Parliamentary Committees

No. 7727.	(1) In section 51A of the Parliamentary Committees
Reprinted to
No. 65/1992	Act 1968, for sub-section (1A) substitute—
and
subsequently	"(1A) Each member of a Committee referred to in
amended by
Nos 20/1994,	sub-section (6) (including the chairman of
75/1994,	the Committee) is, subject to this section,
9/1996 and	entitled to receive an expense allowance or a
35/1996.
travelling allowance at such rate and in such circumstances and subject to such conditions as are prescribed—

(a) in respect of each attendance in the discharge of duties as a member of the Committee at a meeting of the Committee—

(i) at which a quorum is present; or

Constitution and Parliamentary Committees (Amendment) Act
1997

Act No. 13/1997 s. 7

(ii)  in the case of a sub-committee of a Joint Investigatory Committee, to take evidence pursuant to

section 4L(6);

(b) in respect of undertaking such other duties as a member of the Committee as are approved by the Committee and by the President or the Speaker as duties to which allowances apply.".

(2) In section 51A of the Parliamentary Committees

Act 1968—

(a) in sub-section (2)—

(i)  for "sub-section (1A)" substitute "sub- section (1A)(a)";

(ii) for "he" substitute "the member";

(b) in sub-section (3), for "he" (where twice occurring) substitute "the member".

7. Supreme Court—limitation of jurisdiction

It is the intention of section 4 to alter or vary section 85 of the Constitution Act 1975.

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Constitution and Parliamentary Committees (Amendment) Act
1997

Notes Act No. 13/1997

NOTES

†

Minister's second reading speech—

Legislative Assembly: 20 March 1997

Legislative Council: 22 April 1997

The long title for the Bill for this Act was "to amend the Constitution Act 1975 and the Parliamentary Committees Act 1968 and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 20 March 1997

Legislative Council: 22 April 1997

Absolute majorities:

Legislative Assembly: 9 April 1997 and 29 April 1997

Legislative Council: 29 April 1997