Legislation Review Amendment Act 2002 (NSW)

An Act to amend the Regulation Review Act 1987 to rename the Regulation Review Committee as the Legislation Review Committee and to extend the role of the Committee to the scrutiny of Bills; and to make consequential amendments to other Acts.

1Name of Act

This Act is the Legislation Review Amendment Act 2002.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Amendment of Regulation Review Act 1987 No 165

The Regulation Review Act 1987 is amended as set out in Schedule 1.

4Consequential amendments of other Acts

The Acts specified in Schedule 2 are amended as set out in that Schedule.

Schedule 1Amendments

(Section 3)

[1]Long title

Omit “Regulation Review Committee”.

Insert instead “Legislation Review Committee”.

[2]Section 1 Short title

Omit “Regulation Review Act”. Insert instead “Legislation Review Act”.

[3]Section 3 Definitions

Insert in alphabetical order in section 3 (1):

Bill means a Bill for an Act of New South Wales.

[4]Section 3 (1), definition of “Committee”

Omit “Regulation Review Committee”.

Insert instead “Legislation Review Committee”.

[5]Section 4 Constitution of Legislation Review Committee

Omit “the commencement of this Act and”.

[6]Section 4

Omit “Regulation Review Committee”.

Insert instead “Legislation Review Committee”.

[7]Section 8A

Insert before section 9:

8AFunctions with respect to Bills(1)

The functions of the Committee with respect to Bills are:

• (a)

  to consider any Bill introduced into Parliament, and

• (b)

  to report to both Houses of Parliament as to whether any such Bill, by express words or otherwise:

  • (i)

    trespasses unduly on personal rights and liberties, or

  • (ii)

    makes rights, liberties or obligations unduly dependent upon insufficiently defined administrative powers, or

  • (iii)

    makes rights, liberties or obligations unduly dependent upon non-reviewable decisions, or

  • (iv)

    inappropriately delegates legislative powers, or

  • (v)

    insufficiently subjects the exercise of legislative power to parliamentary scrutiny.

(2)

A House of Parliament may pass a Bill whether or not the Committee has reported on the Bill, but the Committee is not precluded from making such a report because the Bill has been so passed or has become an Act.

[8]Section 9 Functions with respect to regulations

Insert “with respect to regulations” after “functions of the Committee” wherever occurring in section 9 (1) and (3).

[9]Section 10 Reports as to Bills or regulations

Omit “section 9” from section 10 (1). Insert instead “section 8A or 9” .

[10]Section 17

Insert at the end of the Act:

17Savings and transitional provisions(1)

In this section:

the amending Act means the Legislation Review Amendment Act 2002.

the reconstitution day means the day on which the amendment made to section 4 by Schedule 1 [6] to the amending Act commences.

(2)

On and from the reconstitution day:

• (a)

  the Regulation Review Committee constituted under section 4 immediately before that day continues in existence and is to be known as the Legislation Review Committee, and

• (b)

  anything done by, or in relation to, the Regulation Review Committee is taken to have been done by, or in relation to, the Legislation Review Committee, and

• (c)

  a reference in any other Act, in any instrument made under an Act or in any other document to the Regulation Review Committee is to be read as a reference to the Legislation Review Committee.

Schedule 2Consequential amendments of other Acts

(Section 4)

Parliamentary Remuneration Act 1989 No 160

Omit “Chairman of the Regulation Review Committee constituted under the Regulation Review Act 1987”.

Insert instead “Chairman of the Legislation Review Committee constituted under the Legislation Review Act 1987”.

Subordinate Legislation Act 1989 No 146[1]Section 3 Definitions

Insert in alphabetical order in section 3 (1):

Legislation Review Committee means the committee for the time being constituted under the Legislation Review Act 1987.

[2]Section 3 (1), definition of “Regulation Review Committee”

Omit the definition.

[3]Sections 5 (4) and (5), 11 (4) and (5), 13 and 14 (2)

Omit “Regulation Review Committee” wherever occurring.

Insert instead “Legislation Review Committee”.