Premier & Cabinet

Type:
Premier's Memorandum
Identifier:
M1993-27
Status:
Archived

M1993-27 Automatic Tabling of Statutory Instruments

Detailed Outline

A new system for notifying Parliament of regulations and certain other statutory instruments is being introduced. The system replaces the previous arrangements under which each Minister was responsible for tabling or arranging the tabling of these instruments.

Under the new system, the Parliamentary Counsel's Office will identify the instruments as they are published in the Government Gazette and will arrange for the appropriate notices and copies to be delivered to the Clerk of the Legislative Council and the Clerk of the Legislative Assembly on a weekly basis. It will then be the responsibility of the Clerks to table the material before each House of Parliament.

It is important to notice that the instruments covered by the new scheme are those that meet the following four criteria, which are that the instrumentsare:

  1. required to be published in the Gazette; and
  2. required to be notified to or tabled in each House of Parliament; and
  3. capable of being tabled by the Clerks of the Houses of Parliament; and
  4. capable of disallowance by either or both Houses.

A list of the classes of instruments covered is contained in the appendix attached to this memorandum. The list will be updated as required.

The tabling of documents that do not meet the four criteria (such as annual reports, land reservations) will remain the responsibility of individual Ministers.

The new system commences with the Gazette published on 1 July 1993. Although Ministers will remain responsible for ensuring that material published in the Gazette before that date has been tabled, as a supplementary, transitional step arrangements have been made for the Clerks to table material published in the Gazette before that date where the material has been identified in Parliamentary papers as requiring tabling.

Further information about the new system can be obtained from the Parliamentary Counsel's Office.

John Fahey
Premier

APPENDIX
as at 1.7.1993

STATUTORY INSTRUMENTS
COVERED BY THE AUTOMATIC TABLING SCHEME

Statutory rules as defined by the Interpretation Act 1987:

  • regulations, by-laws, rules and ordinances made, approved or confirmed by the Governor;
  • rules of court.

Other instruments

(NOTE: These are instruments under Acts that operate by reference to the tabling and disallowance provisions in sections 40 and 41 of the Interpretation Act 1987.)

  • Business Licences Act 1990 - orders made by the Minister fixing fees under section 18.
  • Coal Mines Regulation Act 1982 - rules made by the Coal Mining Qualifications Board under section 23.
  • Community Welfare Act 1987 - rules of the Community Welfare Appeals Tribunal under section 73.
  • Community Welfare (Complaints, Appeals and Monitoring) Act 1993 - rules of the Community Services Appeals Tribunal under section 74.
  • District Court Act 1973 - proclamations made by the Governor under section 188. (Transitional ).
  • Factories, Shops and Industries Act 1962 - proclamations made by the Governor under section 5.
  • Fair Trading Act 1987 - orders made by the Minister under sections 31 and 34.
  • Guardianship Act 1987 - rules made by members of the Guardianship Board under section 75.
  • Legal Profession Act 1987 - rules made by:

- the Barristers Admission Board under section 7.

- the Solicitors Admission Board under section 14.

- a rule committee of the Legal Profession Standards Board under section 169.

- a rule committee of the Legal Profession Disciplinary Tribunal under section 170.

  • Marine Pollution Act 1987 - orders made by the Minister in pursuance of regulations made by the Governor under sections 35, 40 and 61.
  • Medical Practice Act 1992 - rules of the Medical Tribunal under section 158.
  • Plant Diseases Act 1924 - orders made by the Minister under sections 5A and 28A.
  • Poisons Act 1966:

- proclamations made by the Governor under section 8.

- orders made by the Director-General of the Department of Health under section 37.

  • Supreme Court Act 1970 - proclamations made by the Governor under section 24. (Transitional).

Overview

Compliance

Not Mandatory

AR Details

Date Issued
Jul 1, 1993
Review Date
Jul 1, 2003
Replaces
Replaced By

Contacts

Contact
Contact us
Phone
02 9228 5555
Publishing Entity
Department of Premier and Cabinet
Issuing Entity
Premier