David Johnston (WA, Liberal Party, Minister for Justice and Customs) Share this | Hansard source

by leave—I move government amendments (6) and (8) on sheet QW307 together:

(6)    Schedule 1, item 14, page 7 (after line 12), after subsection 203AD(1A), insert:

Instrument recognising body not disallowable

      (1B)    Section 42 of the Legislative Instruments Act 2003 does not apply to a legislative instrument made under subsection (1A).

(8)    Schedule 1, Part 1, page 22 (after line 6), at the end of the Part, add:

Legislative Instruments Act 2003

47A  Subsection 54(2) (table item 26)

Omit “section 203AD, 203AE, 203AF or 203AG, subsection 203AH(1) or (2),”, substitute “subsection”.

Government amendments (6) and (8) are amendments about certain legislative instruments. Government amendment (6) will provide for instruments recognising existing representative bodies for their areas during the transition period to be exempt from disallowance. This is because these instruments are mandatory in nature. The bill provides that the minister must recognise an existing representative body that applies to be recognised for its area in response to an invitation made during the transition period. It also provides that that representative body must be recognised for the term specified in the invitation. If parliament disallowed these instruments there would no longer be compliance with the statutory requirement. It is therefore appropriate to exempt these instruments from disallowance.

Government amendment (8) makes a consequential amendment to the Legislative Instruments Act to ensure that it reflects the changes made in the bill—a recognition that related instruments are presently exempt from sunsetting under the Legislative Instruments Act. This means that they do not need to be remade every 10 years. The change to fixed-term recognition periods for rep bodies means that recognition in related instruments will cease to have effect after a maximum of six years. There is thus no need to exempt these instruments from sunsetting.