Premier & Cabinet

Type:
Premier's Memorandum
Identifier:
M1998-23
Status:
Archived

M1998-23 Statute Law Revision Program

Description

Supersedes M96-15

Detailed Outline

This Memorandum replaces Ministerial Memorandum No. 1996-15. It sets out supporting information which should accompany proposals and provides for the deadline for submission of proposals for Spring Session 1998. In line with Cabinet's long-standing approval for a program of regular statute law revision, Statute Law (Miscellaneous Provisions) Bills will continue to be prepared for each sitting of Parliament (Budget and Spring).

To enable the timely preparation of Bills for introduction into the Parliament, the following principles and procedures should be observed:

1. Content and Nature of Proposals for inclusion in Bills
The bills will continue to contain the following matters only:

  • minor amendments proposed by government agencies (but not a significant number of amendments to an Act);
  • minor amendments by way of pure statute law revision proposed by the Parliamentary Counsel; and
  • repeals of obsolete or unnecessary Acts, proposed by agencies or the Parliamentary Counsel.

Amendments proposed by agencies must be non-controversial and must contain no more than minor policy changes. The Manual for Preparation of Legislation, produced by the Parliamentary Counsel's Office, sets out some guidelines as to matters that are inappropriate for inclusion in the statute law revision program.

2. Procedures for Submission of Proposed Amendments
Amendments proposed by government agencies must be endorsed by the Minister responsible for the administration of the Act concerned.

Request for matters to be included in the Bill should be put in writing to the Parliamentary Counsel. If the request is not from the relevant Minister, it should be accompanied by evidence of the Minister's support.

To assist in the legislative drafting and in the preparation of the Cabinet and Parliamentary briefings, the request should be accompanied by a briefing note which explains the purpose and effect of the proposal. The briefing note should address the following matters:

(1) Outline of the Proposal (This should be a plain English summary);

(2) Context of the Proposal (How does it fit within the overall scheme of the Act? If it corrects an amending Act, what did that amending Act do?); and

(3) Rationale for the Proposal (What has prompted this amendment? By whom has it been requested? Has there been consultation with interest groups?).

Each matter will be assessed initially by the Parliamentary Counsel and then by the Cabinet Office. A matter considered to be unsuitable for the program will not be included in the Bill.

3. Deadlines
The deadline for submission of proposals will be issued before the beginning of each session.

For the Spring Session 1998, the closing date for the submission of proposals endorsed by the relevant Minister to the Parliamentary Counsel is 1 September 1998.

Ministers are reminded that only in exceptional circumstances will approval be given for any exemption from the deadline. Your full cooperation in this regard would be appreciated. Any further enquiries may be made to Ms Soula Papadopoulos of the Parliamentary Counsel's Office (9228 8008) or Ms Jennifer Marshall of the Justice Branch, Cabinet Office (9228 4984).

Bob Carr
Premier

______________________________________________________

Supersedes M96-15

Overview

Compliance

Not Mandatory

AR Details

Date Issued
Jul 5, 2006
Review Date
Jul 5, 2016
Replaces
Replaced By

Contacts

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