Subordinate Legislation and Publications Committee 12th Assembly
Terms of Reference - Inquiries - Reports - Contact
During the 12th Assembly, the Legal and Constitutional Affairs Committee performed the functions of the Subordinate Legislation and Publications Committee as set out in Standing Order 176 (previously Standing Order 20).
Standing Order 176 provides that the Subordinate Legislation and Publications Committee is to examine and report on all papers that are required to be presented to the Assembly. It also checks whether any proposed determination is legal, does not unduly take away person's rights and complements the Act it is intended to effect.
This Committee also has the responsibility of determining which papers tabled in the Assembly should form part of the Parliamentary Papers series.
On 23 October 2012 the Assembly resolved that:
During the present session of the Assembly and notwithstanding anything contained in the standing orders, that the Legal and Constitutional Affairs Committee be assigned the powers and functions of the Subordinate Legislation and Publications Committee as laid out in standing orders
Terms of Reference
(Standing Order 176)
(1) A Subordinate Legislation and Publications Committee must be appointed at the commencement of each Assembly to examine and report upon all instruments of a legislative or administrative character and other papers which are required by statute to be laid upon the Table.
(2) The committee must consist of five Members.
(3) The committee will, with respect to any instrument of a legislative or administrative character which the Legislative Assembly may disallow or disapprove, consider:
(a) whether the instrument is in accordance with the general objects of the law pursuant to which it is made
(b) whether the instrument trespasses unduly on personal rights or liberties
(c) whether the instrument unduly makes rights and liberties of citizens dependent upon administrative and not upon judicial decisions
(d) whether the instrument contains matter which in the opinion of the committee should properly be dealt with in an Act
(e) whether the instrument appears to make some unusual or unexpected use of the powers conferred by the statute under which it is made
(f) whether there appears to have been unjustifiable delay in the publication or laying of the instrument before the Assembly
(g) whether for any special reason the form or purport of the instrument calls for elucidation.
(4) The committee, if it is of the opinion that an instrument should be disallowed or disapproved:
(a) will report that opinion and the grounds thereof to the Assembly before the end of the period during which any notice of the motion for disallowance of that instrument may be given to the Assembly
(b) if the Assembly is not meeting, may refer its opinion and the grounds thereof to the authority by which the instrument was made.
(5) The committee, if is of the opinion that any matter relating to any paper which is laid upon the Table of the Assembly should be brought to the notice of the Assembly, may report that opinion and matter to the Assembly.
(6) The committee will inquire into and report, from time to time, on the printing, publication and distribution of publications or such other matters as are referred to it by the Speaker or the Assembly.
(7) For the purposes of this Standing Order, ‘instrument of a legislative or administrative character” has the same meaning as that defined in the Interpretation Act.
Inquiries
On 20 February 2013, the Speaker referred the matter of Electronic Tabling of Documents to the Subordinate Legislation and Publications Committee. A copy of the referral is here
Reports
Report on the Ports Management Regulations No. 13 of 2015 - February 2016
Report on the Motor Accidents (Compensation) Amendment Regulations 2014 - November 2014
Report of Ministerial Correspondence on Subordinate Legislation - May 2013 - November 2013
Report on Electronic Tabling of Documents and Tabling Statement - May 2013
Report of Ministerial Correspondence on Subordinate Legislation - May 2012 - April 2013
Report of Ministerial Correspondence on Subordinate Legislation - August 2011 - April 2012
First Report of Ministerial Correspondence on Subordinate Legislation - December 2008 - July 2011
Contact
Ms Julia Knight
Committee Secretary
GPO Box 3721
DARWIN NT 0801
Telephone: (08) 8901 4149
Email: Contact