M1992-10 Review Clauses in Legislation
Issued: 17 July 1992 by Premier
This AR is archived. No replacements were suggested by the author.
Key information
- Status
- Archived
- Type
- Premier's Memorandum
- Identifier
- M1992-10
- Compliance
- Not mandatory
About
I am writing to advise you that, as agreed in the Memorandum of Understanding with the Independent Members of Parliament, it is now Government policy to include review clauses in all legislation where this would be appropriate. It is envisaged that it would usually be appropriate for review clauses to be included in principal Acts, but not in amending Acts.
These review clauses require the Minister administering an Act, five years after the date of assent, to review whether:
- the policy objectives which the legislation sought to achieve remain valid;
- the form of the legislation remains appropriate for securing those objectives.
The Minister is required to report to the Parliament on the outcome of the review.
The inclusion of such review clauses will ensure that legislation is properly reviewed after it has been in operation for several years, and that the need for its continued existence is fully considered. This action will assist in the Government's efforts to remove obsolete and ineffectual statutory provisions, and reduce the quantity of legislation in existence.
Where it is proposed not to include a review clause in a particular principal Act, this matter should be canvassed in the relevant Cabinet Minute.
The Parliamentary Counsel has been asked to give attention to the need for review clauses in drafting legislation.
Nick Greiner MP