Bills

Legislation Interpretation Bill

Second Reading

Adjourned debate on second reading.

(Continued from 26 August 2021.)

Mr PICTON (Kaurna) (11:05): I rise as the lead speaker from the opposition to speak in relation to this important, but hopefully largely uncontroversial, piece of legislation. The opposition, Labor, will be supporting this bill as we have already done in the other place. The government said when they introduced this bill that the bulk of the bill essentially repeals and replaces the Acts Interpretation Act. Language is modernised and definitions are added.

Most of what will become the Legislation Interpretation Act appears to be already in the Acts Interpretation Act in some way and a few elements are moved around to appear in other acts, as most of the updating does appear to make a lot of sense. In the past 106 years, the way that legislation is interpreted has evolved. The Acts Interpretation Act has also evolved from being amended in some form or another over 40 separate occasions.

We need to be very careful when we change legislation that governs how legislation is interpreted. Any unintended consequences will have the potential to be far reaching and change the way that all our legislation works. That being said, there are probably no better people to undertake this important endeavour than parliamentary counsel. Parliamentary counsel do excellent work drafting the legislation that comes into this place and will likely have the best overall view about how the legislation is intended to work. I am sure that all members of the house pass their thanks to parliamentary counsel for the many hours they spend deliberating and trying to make our ideas into very sensible pieces of legislation.

New acts of what will be the Legislation Interpretation Act that may have not existed in the Acts Interpretation Act are, for the most part, updating or codifying the existing practice. There were some changes made in the other place around extrinsic materials, which the Law Society had raised as an omission from the original bill, that do more to codify existing practice.

There is one part of this bill that is not merely an update or a codifying of practice and that is clause 18. Clause 18 changes current practices where headings within legislation are simply administrative. This clause will make, and retrospectively make in acts that are already on the statute book, these headings part of the act. In practice, what it means is that the court will be able to use headings when interpreting legislation and what the parliament meant by the legislation. Current headings can be added or omitted by the Commissioner for Legislation Revision and Publication.

It appears that we will be one of the first, if not the first, jurisdiction in Australia to retrospectively include headings as part of an act—truly history making. The government has assured the opposition in briefings and the other place that this will not cause any problems going forward. Through a savings provision in the bill, the Commissioner for Legislation Revision and Publication will have the power to change a heading that had not been enacted by parliament at one time.

Being the only legislation to have this retrospective change, any difficulties arising from this particular change will ultimately be for the government to explain. I would like to thank parliamentary counsel for providing a more comprehensive explanation of clauses than would usually be the case to make these changes easier to navigate. As I indicated, the opposition will be supporting this important legislation.

The Hon. V.A. CHAPMAN (Bragg—Deputy Premier, Attorney-General, Minister for Planning and Local Government) (11:09): I acknowledge and thank the opposition for their indication of support. The matter has been significantly traversed and, as best I understand it, there have not been specific matters raised in consultation. There is a short amendment proposed to accommodate the fact that the Statutes Amendment (COVID-19 Permanent Measures) Act 2021 has since passed. As members would be aware, we are progressing legislation in that area often well in advance of other legislation and from time to time we need to make some minor amendments, so I indicate that we will need to go into committee to accommodate that. I also record my appreciation for the work undertaken by members in the other place.

Bill read a second time.

Committee Stage

In committee.

Clause 1.

Mr PICTON: Attorney, in relation to the changes that have been made in relation to headings, which I outlined in my second reading contribution, can you give some clarity to the house in terms of exactly what that process will be in terms of the interpretation of headings and, if there are problems encountered, what will be the process in terms of addressing those issues, should they arise?

The Hon. V.A. CHAPMAN: Members may recall, and for the benefit of the question that has been raised, the provision to allow for section headings to be amended once administratively. The amendment would be undertaken by or under the supervision of the Commissioner for Legislation Revision and Publication. This is to ensure that any errors in headings that have been inserted administratively can be corrected without having to undertake legislative amendments.

I can advise the house that parliamentary counsel have now reviewed that issue and it appears that there are no identified areas of concern that would be required at this point. I do not know if they have been through the treason act, which is attached to our Criminal Law Consolidation Act, but it was written in about 1600, so I suppose they have not looked at that one.

Clause passed.

Clauses 2 to 38 passed.

Clause 39.

The Hon. V.A. CHAPMAN: I move:

Amendment No 1 [AG–1]—

Page 23, after line 38—Insert:

(2a) Subsection (1) does not apply to a meeting or transaction, or meeting or transaction of a class, prescribed by the regulations.

As indicated, I advise that the government amendment to the bill is required as a result of the passage of the Statutes Amendment (COVID-19 Permanent Measures) Act 2021. That act contained a provision that amended the Acts Interpretation Act 1915 to include a new section 53 which allows certain meetings or transactions to be conducted remotely or by audiovisual means. Accordingly, the new section also allowed certain meetings and transactions to be excluded from the operation of that section by regulation.

Clause 39 in this bill largely replicates the new section 53 of the Acts Interpretation Act inserted by the COVID permanent measures act, but it does not contain the power to exclude certain meetings or transactions by regulations. Therefore, this amendment inserts a new subsection (2a), which replicates the new section 53(3) of the Acts Interpretation Act, to allow certain meetings and transactions to be excluded from the operation of clause 39 by regulation.

In short, we have fixed this up on the way through with the COVID act and therefore we now need to accommodate that, the fact that it has overtaken the passage of this legislation, and that is entirely its purpose.

Mr PICTON: Thank you very much. I certainly follow the explanation from the Attorney in relation to her amendment. I am wondering if she can outline whether there have been any identified meetings or transactions of that class already that would be necessary for such a regulation to take place?

The Hon. V.A. CHAPMAN: It appears to be mostly local government-based matters. This is my understanding and my adviser here confirms it. I will give you a list:

meetings of a council, a council committee, a subsidiary established under section 42 of the Local Government Act or a regional subsidiary established under section 43 of the Local Government Act;

meetings of electors under section 93 of the Local Government Act;

meetings of the Stormwater Management Authority under schedule 1A of the Local Government Act; and

public meetings for the purpose of consultation if required under section 123(4), section 151(7) and section 156(14d).

I am advised that these meetings will be allowed to come within these provisions when the relevant community engagement charter reform under the Statutes Amendment (Local Government Review) Act 2021 is proclaimed to commence. I think that is all that has been identified at this point.

Amendment carried; clause as amended passed.

Remaining clauses (40 to 60), schedule and title passed.

Bill reported with amendment.

Third Reading

The Hon. V.A. CHAPMAN (Bragg—Deputy Premier, Attorney-General, Minister for Planning and Local Government) (11:19): I move:

That this bill be now read a third time.

Bill read a third time and passed.