Subordinate Legislation Committee Act 1969 (TAS)

Subordinate Legislation Committee Act 1969

An Act to provide for the establishment of a Parliamentary standing committee on subordinate legislation and to regulate its functions

[Royal Assent 23 December 1969]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Subordinate Legislation Committee Act 1969 . 2InterpretationIn this Act, unless the contrary intention appears – Committee means the committee established by this Act; regulation means a regulation, rule, or by-law that is made under an Act and is required by law to be laid before both Houses of Parliament, but does not include rules of court made by the judges, or by a majority of them, under the authority of an Act. 3Constitution of Committee (1) There shall be a joint committee of the Legislative Council and House of Assembly, to be known as the Parliamentary Standing Committee on Subordinate Legislation. (2) The Committee shall be appointed at the commencement of the first session of each Parliament according to the practice regulating the appointment of members to serve on select committees of the Legislative Council and House of Assembly respectively. (3) The Committee shall consist of six members, of whom three shall be members of the Legislative Council and three shall be members of the House of Assembly. (4) A person shall not be appointed, or continue, as a member of the Committee if he is or becomes – (a) a Minister of the Crown; (b) the President of the Legislative Council; (c) [Section 3 Subsection (4) amended by No. 38 of 1999, s. 5, Applied:16 Jul 1999] the Speaker of the House of Assembly. (d) [Section 3 Subsection (4) amended by No. 38 of 1999, s. 5, Applied:16 Jul 1999] .  .  .  .  .  .  .  .   (5) Subject to this Act, the members of the Committee – (a) hold office as a joint committee for the duration of the House of Assembly for the time being; (b) cease to hold office when that House expires by dissolution or effluxion of time; and (c) may exercise the powers and functions conferred, and shall perform the duties imposed, on the Committee by this Act. 4Vacancies (1) A member of the Committee may resign his office as a member by writing under his hand addressed to the Governor. (2) The office of a member of the Committee becomes vacant for any reason that would vacate his seat as a member of the Legislative Council or House of Assembly, as the case may be. (3) Where a vacancy occurs in the office of a member of the Committee, it shall be filled by appointment as provided in subsection (2) of section three within the next ten sitting days of the House of Parliament by which he was appointed as a member of the Committee. 5Quorum and procedure at meetings of the Committee (1) Any four members of the Committee constitute a quorum of the Committee. (2) There shall be a chairman and vice-chairman of the Committee, who shall be elected by the members of the Committee at the first meeting of the Committee or as soon thereafter as is practicable. (3) The chairman, or, in the case of his absence or other disability, the vice-chairman, shall preside at all meetings of the Committee at which he is present. (4) At a meeting of the Committee at which a quorum is present, the members in attendance may, in the absence of the chairman and vice-chairman, appoint one of their number then present to be temporary chairman, and the temporary chairman has, during the absence of the chairman and vice-chairman, all the powers of the chairman. (5) At meetings of the Committee – (a) the chairman or, in his absence, the vice-chairman has a deliberative vote only; and (b) when the votes on a question are equal the question passes in the negative. (6) Where a division is called for on any question, the names of the members voting shall be stated in the minutes and in the report of the Committee. (7) The Committee shall keep full minutes of its proceedings. 6Sitting during adjournment or recess and with open doors (1) The Committee may sit and transact business during any adjournment or recess, and may sit at such times and in such places, and conduct its proceedings in such manner, as it thinks proper. (2) The Committee shall, when taking evidence, sit with open doors. 7Secretary of Committee (1) The Governor shall, on the joint recommendation of the President of the Legislative Council and the Speaker of the House of Assembly, appoint an officer of one of the Houses of Parliament to be the secretary of the Committee. (2)  Notwithstanding subsection (1) of section twenty-one of the Acts Interpretation Act 1931 , in the event of the sickness or absence of the secretary, or his inability to act, the President of the Legislative Council and the Speaker of the House of Assembly may jointly select one of the officers of the Houses of Parliament to act in the place of the secretary for such period or until such date as the President and Speaker may jointly determine, and while so acting that officer shall, for all purposes, be regarded as the secretary. (3) The secretary shall perform all duties required of him by the Committee as their secretary, and may be paid such remuneration as the Governor may approve. (4) The secretary of the Committee shall obtain from the Government Printer copies of all regulations as soon as they are notified or published in the Gazette and give one to each member of the Committee. 8Functions of Committee (1)  [Section 8 Subsection (1) amended by No. 30 of 1992, s. 15 ]The functions of the Committee are – (a) to examine the provisions of every regulation, with special reference to the question whether or not – (i) the regulation appears to be within the regulation-making power conferred by, or in accord with the general objects of, the Act pursuant to which it is made; (ii) the form or purport of the regulation calls for elucidation; (iii) the regulation unduly trespasses on personal rights and liberties; (iv) the regulation unduly makes rights dependent on administrative decisions and not on judicial decisions; or (v) the regulation contains matters that, in the opinion of the Committee, should properly be dealt with by an Act and not by regulation; and (ab) to examine whether the requirements of the Subordinate Legislation Act 1992 have been complied with to the extent that they are applicable to a regulation; and (b) to make such reports and recommendations to the Legislative Council and the House of Assembly as it thinks desirable as the result of any such examination. (2) The Committee, in its discretion, may, in accordance with subsection (1) of this section, examine the provisions of any regulation that took effect before the commencement of this Act and make such reports and recommendations with respect thereto as it considers desirable. 9Report when Parliament not sittingIf, in the opinion of the Committee, a regulation that is examined by the Committee should be amended or rescinded and the Committee’s report thereon is adopted by the Committee during any adjournment or recess, the Committee may cause a copy of its report to be sent to the authority by whom or by which the regulation was made and on receipt thereof that authority shall forthwith – (a) amend the regulation in the manner indicated by the Committee, or, if the Committee so recommends, rescind the regulation; or (b) take such action as may be necessary for the purpose of suspending the operation of the regulation, and ensuring that the operation thereof remains suspended, until both Houses of Parliament have dealt with the report. 10Power to summon witnesses, &c.The Committee may summon witnesses to appear before it to give evidence and to produce documents, and for that purpose has all the power and authority of a Select Committee of the House of Assembly. 11Privileges of witnessesA witness who is summoned to appear, or who appears, before the Committee has the same protection and privileges as a witness in an action tried in the Supreme Court. 12Witnesses' expensesA witness who appears before the Committee to give evidence is entitled to be paid such fees and travelling expenses as the chairman or vice-chairman sees fit to allow, being fees and travelling expenses calculated in accordance with the scale for the time being prescribed under section twenty-seven of the Public Works Committee Act 1914 . 1314Membership of Committee not an office of profitThe office of a member of the Committee is not an office of profit or emolument within the meaning of the Constitution Act 1934 and the acceptance and holding of such an office does not – (a) render the holder of the office incapable of sitting or voting as a member of either House of Parliament; or (b) make void the election of the holder of the office as a member of either House of Parliament.