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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2013-02-06 Daily Xml
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SUBORDINATE LEGISLATION (MISCELLANEOUS) AMENDMENT BILL

Second Reading

Adjourned debate on second reading.

(Continued from 15 February 2012.)

The Hon. K.J. MAHER (17:34): I indicate that the government does not support the legislation. This bill is substantially similar to the bill that was introduced previously in this place on 14 October 2009 by the Hon. Robert Lawson. The government opposed the bill back then and continues its opposition for the same reasons. The government is particularly concerned with clauses in the bill allowing the disallowance of part of a regulation and preventing the executive from making a regulation substantially similar within six months after the disallowance. The disallowance of one provision or certain words in a regulation has the potential to radically change the effect of the regulation, or even render provisions of the principal act ineffective. The government considers this undesirable.

Further, if a regulation cannot be remade for six months because it is substantially similar to one that has been disallowed, the consequences of such an action may be detrimental to the effective functioning of the principal act. Again, for that reason the government is not supporting this bill. I indicate to the council that the government will not be supporting this bill.

The Hon. M. PARNELL (17:35): The Greens will be supporting this bill, as we have supported every other iteration of this bill—at least since I have been here. The first time we supported this bill I think the Hon. Robert Lawson introduced it, and explained in some detail the various problems that exist with the delegated legislation regime. I understand that Family First, those champions of recycling, then took exactly the same bill and reintroduced it a few years later, and we voted for that as well. Now the Hon. Stephen Wade has introduced it with a slight amendment—

The Hon. S.G. Wade: Enhancement.

The Hon. M. PARNELL: Enhancement, the honourable member reminds me; but it is an enhancement that I think does improve the bill. In a nutshell, the Greens have been as disappointed as, I think, a majority of people in this chamber have been that we have not had the ability either to disallow only part of a regulation or to amend a regulation, and we have not been able to stop the government using the shenanigans of the calendar to simply reintroduce exactly the same regulation a short time after it has been defeated in this chamber.

The additional reform that the Hon. Stephen Wade has introduced does add some checks and balances to what would effectively become a parliamentary regulation-making power in that it does require both houses and not just one. However, the Greens will be supporting this bill. We expect it to pass the chamber, as it has every other time it has been introduced.

The Hon. S.G. WADE (17:37): I understand that there are no further contributions, and that it would suit the business of the chamber if I summed up at this point. I would like to thank the Hon. Kyam Maher and the Hon. Mark Parnell for their contributions and I suppose, if nothing more, to recognise the consistency of both parties. We look forward to the committee stage to explore the issues raised in the debate.

Bill read a second time.

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