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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Local Government (Review of
Legislative Proposals) Bill 2001
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Objects 2
4 Definitions 2
5 Application of Act 3
6 Act to bind Crown 3
Part 2 Review of Bills affecting local government
7 Procedure for referring Bills to Committee 4
8 When Bill is referred to Committee 4
9 Effect of a referral 4
10 Review by Committee of referred Bill 5
Part 3 Local Government Legislative Review Committee
11 Constitution of Committee 6
12 Membership of Committee 6
b00-701-p01.894
Local Government (Review of Legislative Proposals) Bill 2001
Contents
Page
13 Provisions relating to members and proceedings of
Committee 6
Part 4 Miscellaneous
14 Proceedings for offences 7
15 Reports as to the Committee's operations 7
16 Regulations 7
17 Review of Act 7
Schedule 1 Provisions relating to members and proceedings of
Committee 8
Contents page 2
New South Wales
Local Government (Review of
Legislative Proposals) Bill 2001
No , 2001
A Bill for
An Act to provide for the establishment and functions of a Local Government
Legislative Review Committee of Parliament to facilitate Parliament's consideration
of the potential impact of Bills on local government, and for other purposes.
Clause 1 Local Government (Review of Legislative Proposals) Bill 2001
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Local Government (Review of Legislative Proposals) 4
Act 2001. 5
2 Commencement 6
This Act commences on the date of assent to this Act. 7
3 Objects 8
The objects of this Bill are as follows: 9
(a) to establish a joint committee of Parliament to be known as the 10
Local Government Legislative Review Committee, 11
(b) to enable a Bill that has been introduced into a House of 12
Parliament to be referred to the Committee for a report on its 13
potential impact on the exercise of functions by local councils 14
(including whether the Bill would be likely to impose any 15
significant financial or other burden on any local council 16
without providing appropriate funding and resources), 17
(c) to require the Committee to investigate the potential impact of 18
any referred Bill and then to report that impact to both Houses 19
of Parliament in order to facilitate informed decision-making by 20
members of Parliament. 21
4 Definitions 22
(1) In this Act: 23
Committee means the Local Government Legislative Review 24
Committee for the time being constituted under this Act. 25
exercise a function includes perform a duty. 26
function includes a power, authority or duty. 27
referred Bill means a Bill that has been referred to the Committee for 28
a report under Part 2. 29
referring House means the House of Parliament that refers a Bill to 30
the Committee for a report under Part 2. 31
Page 2
Local Government (Review of Legislative Proposals) Bill 2001 Clause 4
Preliminary Part 1
reporting period for a referred Bill means: 1
(a) the period of 28 sitting days of the referring House after the day 2
on which the Bill is referred to the Committee for a report, or 3
(b) such longer period as may have been specified in the resolution 4
to refer the Bill to the Committee moved under section 7. 5
sitting day, in relation to a referred Bill, means a sitting day of the 6
referring House. 7
(2) Notes included in this Act do not form part of this Act. 8
5 Application of Act 9
This Act extends to any Bill that is before a House of Parliament even 10
if that Bill was introduced in that House before the commencement of 11
this Act. 12
6 Act to bind Crown 13
This Act binds the Crown in right of New South Wales and, in so far 14
as the legislative power of the Parliament of New South Wales permits, 15
the Crown in all its other capacities. 16
Page 3
Clause 7 Local Government (Review of Legislative Proposals) Bill 2001
Part 2 Review of Bills affecting local government
Part 2 Review of Bills affecting local government 1
7 Procedure for referring Bills to Committee 2
(1) A member of a House of Parliament into which a Bill has been 3
introduced may, at any time after the first reading of the Bill in that 4
House but before the third reading of the Bill, move a resolution that 5
the House refer the Bill to the Committee for a report on its potential 6
impact on local government. 7
(2) Any such resolution may specify a reporting period within which the 8
Committee is to report on the Bill (being a period that is not less than 9
the period of 28 sitting days after the date of the referral). 10
(3) A member may not move a resolution under subsection (1) in respect 11
of a Bill if the Bill has already been referred to the Committee by a 12
House of Parliament. 13
8 When Bill is referred to Committee 14
A Bill that is the subject of a resolution moved under section 7 is 15
referred to the Committee by the House of Parliament in which the 16
resolution is moved if: 17
(a) the House passes the resolution within 10 sitting days after the 18
date on which the resolution is moved, or 19
(b) the House does not vote on the resolution within 10 sitting days 20
after the date on which the resolution is moved. 21
9 Effect of a referral 22
If a Bill is referred to the Committee for a report by operation of 23
section 8, neither House of Parliament may pass or amend the referred 24
Bill until: 25
(a) the reporting period for the Bill has expired, or 26
(b) the Committee has furnished a report on the Bill to both 27
Houses of Parliament in accordance with section 10, 28
whichever occurs first. 29
Page 4
Local Government (Review of Legislative Proposals) Bill 2001 Clause 10
Review of Bills affecting local government Part 2
10 Review by Committee of referred Bill 1
(1) The Committee is to consider whether a referred Bill would (if enacted 2
and in force): 3
(a) impose or confer (or authorise any person or body to impose or 4
confer) any additional function on any local council or expand 5
the scope of any existing function of any local council, or 6
(b) be likely to impose any significant financial or other burden on 7
any local council without providing appropriate funding and 8
resources. 9
(2) Following any such consideration, the Committee is to furnish both 10
Houses of Parliament with a report on the following matters: 11
(a) the nature and extent of any burden that may be imposed on 12
local councils by or under the referred Bill if it were enacted 13
and in force, 14
(b) the extent (if any) to which any council would be, or would 15
need to be, provided with appropriate funding and resources to 16
carry out any additional or expanded functions that may be 17
imposed or conferred by or under the referred Bill if it were 18
enacted and in force, 19
(c) any other matter that the Committee considers relevant. 20
(3) The Committee must furnish the report to both Houses of Parliament 21
on or before the day on which the reporting period expires. 22
Note. Schedule 1 confers certain investigative powers on the Committee to enable 23
it to carry out its functions. Clause 5 of that Schedule also provides for how reports 24
may be furnished to a House of Parliament when that House is not sitting. 25
Page 5
Clause 11 Local Government (Review of Legislative Proposals) Bill 2001
Part 3 Local Government Legislative Review Committee
Part 3 Local Government Legislative Review Committee 1
11 Constitution of Committee 2
(1) As soon as practicable after the commencement of this Part and the 3
commencement of the first Session of each Parliament, a joint 4
committee of members of Parliament, to be known as the Local 5
Government Legislative Review Committee, is to be appointed. 6
(2) The Committee has the functions conferred or imposed on it by or 7
under this Act or any other Act. 8
12 Membership of Committee 9
(1) The Committee is to consist of 11 members, of whom: 10
(a) 5 are to be members of, and appointed by, the Legislative 11
Council, and 12
(b) 6 are to be members of, and appointed by, the Legislative 13
Assembly. 14
(2) The appointment of members of the Committee is, as far as 15
practicable, to be in accordance with the practice of Parliament with 16
respect to the appointment of members to serve on joint committees of 17
both Houses of Parliament. 18
(3) A person is not eligible for appointment as a member of the 19
Committee if the person is a Minister of the Crown or a Parliamentary 20
Secretary. 21
13 Provisions relating to members and proceedings of Committee 22
Schedule 1 has effect with respect to the Committee. 23
Page 6
Local Government (Review of Legislative Proposals) Bill 2001 Clause 14
Miscellaneous Part 4
Part 4 Miscellaneous 1
14 Proceedings for offences 2
Proceedings for an offence under this Act or the regulations are to be 3
dealt with summarily before a Local Court constituted by a Magistrate 4
sitting alone. 5
15 Reports as to the Committee's operations 6
(1) The Committee is to furnish a report to both Houses of Parliament as 7
soon as possible after the first 2 years after the commencement of this 8
Act. 9
(2) The report is to relate to the past and current activities of the 10
Committee (however constituted) and the past and current 11
arrangements concerning its operations. 12
(3) The report may include such recommendations respecting the future 13
activities of the Committee (however constituted) and arrangements as 14
it thinks appropriate. 15
16 Regulations 16
(1) The Governor may make regulations, not inconsistent with this Act, for 17
or with respect to any matter that by this Act is required or permitted 18
to be prescribed or that is necessary or convenient to be prescribed for 19
carrying out or giving effect to this Act. 20
(2) The regulations may create offences punishable by a penalty not 21
exceeding 5 penalty units. 22
17 Review of Act 23
(1) The Minister is to review this Act to determine whether the policy 24
objectives of the Act remain valid and whether the terms of the Act 25
remain appropriate for securing those objectives. 26
(2) The review is to be undertaken as soon as possible after the period of 27
5 years from the date of assent to this Act. 28
(3) A report on the outcome of the review is to be tabled in each House of 29
Parliament within 12 months after the end of the period of 5 years. 30
Page 7
Local Government (Review of Legislative Proposals) Bill 2001
Schedule 1 Provisions relating to members and proceedings of Committee
Schedule 1 Provisions relating to members and 1
proceedings of Committee 2
(Section 13) 3
1 Definitions 4
In this Schedule: 5
Chairperson means the Chairperson of the Committee. 6
Vice-Chairperson means the Vice-Chairperson of the Committee. 7
2 Vacancies 8
(1) A member of the Committee ceases to hold office: 9
(a) when the Legislative Assembly is dissolved or expires by the 10
effluxion of time, or 11
(b) if the member becomes a Minister of the Crown or a 12
Parliamentary Secretary, or 13
(c) if the member ceases to be a member of the Legislative Council 14
or Legislative Assembly, or 15
(d) if, being a member of the Legislative Council, the member 16
resigns the office by instrument in writing addressed to the 17
President of the Legislative Council, or 18
(e) if, being a member of the Legislative Assembly, the member 19
resigns the office by instrument in writing addressed to the 20
Speaker of the Legislative Assembly, or 21
(f) if the member is discharged from office by the House of 22
Parliament to which the member belongs. 23
(2) Either House of Parliament may appoint one of its members to fill a 24
vacancy among the members of the Committee appointed by that 25
House. 26
3 Chairperson and Vice-Chairperson 27
(1) There is to be a Chairperson and a Vice-Chairperson of the 28
Committee, who are to be elected by and from the members of the 29
Committee. 30
Page 8
Local Government (Review of Legislative Proposals) Bill 2001
Provisions relating to members and proceedings of Committee Schedule 1
(2) A member of the Committee ceases to hold office as Chairperson or 1
Vice-Chairperson of the Committee if: 2
(a) the member ceases to be a member of the Committee, or 3
(b) the member resigns the office by instrument in writing 4
presented to a meeting of the Committee, or 5
(c) the member is discharged from office by the Committee. 6
(3) At any time when the Chairperson is absent from New South Wales or 7
is, for any reason, unable to perform the duties of Chairperson or there 8
is a vacancy in that office, the Vice-Chairperson may exercise the 9
functions of the Chairperson under this Act or under the Parliamentary 10
Evidence Act 1901. 11
4 Procedure 12
(1) The procedure for the calling of meetings of the Committee and for the 13
conduct of business at those meetings is, subject to this Act, to be as 14
determined by the Committee. 15
(2) The Clerk of the Legislative Assembly is to call the first meeting of the 16
Committee in each Parliament in such manner as the Clerk thinks fit. 17
(3) At a meeting of the Committee, 6 members constitute a quorum, but 18
the committee must meet as a joint committee at all times. 19
(4) The Chairperson or, in the absence of the Chairperson, the 20
Vice-Chairperson (or, in the absence of both the Chairperson and the 21
Vice-Chairperson, a member of the Committee elected to chair the 22
meeting by the members present) is to preside at a meeting of the 23
Committee. 24
(5) The Vice-Chairperson or other member presiding at a meeting of the 25
Committee has, in relation to the meeting, all the functions of the 26
Chairperson. 27
(6) The Chairperson, Vice-Chairperson or other member presiding at a 28
meeting of the Committee has a deliberative vote and, in the event of 29
an equality of votes, also has a casting vote. 30
(7) A question arising at a meeting of the Committee is to be determined 31
by a majority of the votes of the members present and voting. 32
(8) The Committee may sit and transact business despite any prorogation 33
of the Houses of Parliament or any adjournment of either House of 34
Parliament. 35
Page 9
Local Government (Review of Legislative Proposals) Bill 2001
Schedule 1 Provisions relating to members and proceedings of Committee
(9) The Committee may sit and transact business on a sitting day of a 1
House of Parliament during the time of sitting. 2
5 Reporting when Parliament not in session 3
(1) If a House of Parliament is not sitting when the Committee seeks to 4
furnish a report to it, the Committee may present copies of the report 5
to the Clerk of the House. 6
(2) The report: 7
(a) on presentation and for all purposes is taken to have been laid 8
before the House, and 9
(b) may be printed by authority of the Clerk, and 10
(c) if printed by authority of the Clerk, is for all purposes taken to 11
be a document published by or under the authority of the 12
House, and 13
(d) is to be recorded in the Minutes, or Votes and Proceedings, of 14
the House on the first sitting day of the House after receipt of 15
the report by the Clerk. 16
6 Evidence 17
(1) The Committee has power to send for persons, papers and records. 18
(2) Subject to clause 7, the Committee must take all evidence in public. 19
(3) If the Committee as constituted at any time has taken evidence in 20
relation to a matter but the Committee as so constituted has ceased to 21
exist before reporting on the matter, the Committee as constituted at 22
any subsequent time, whether during the same or another Parliament, 23
may consider that evidence as if it had taken the evidence. 24
(4) The production of documents to the Committee is to be in accordance 25
with the practice of the Legislative Assembly with respect to the 26
production of documents to select committees of the Legislative 27
Assembly. 28
7 Confidentiality 29
(1) If any evidence proposed to be given before, or the whole or a part of 30
a document produced or proposed to be produced to, the Committee 31
relates to a secret or confidential matter, the Committee may, and at the 32
request of the witness giving the evidence or the person producing the 33
document must: 34
Page 10
Local Government (Review of Legislative Proposals) Bill 2001
Provisions relating to members and proceedings of Committee Schedule 1
(a) take the evidence in private, or 1
(b) direct that the document, or the part of the document, be treated 2
as confidential. 3
(2) If a direction under subclause (1) applies to a document or part of a 4
document produced to the Committee: 5
(a) the contents of the document or part are, for the purposes of 6
this clause, to be regarded as evidence given by the person 7
producing the document or part and taken by the Committee in 8
private, and 9
(b) the person producing the document or part is, for the purposes 10
of this clause, to be regarded as a witness. 11
(3) If, at the request of a witness, evidence is taken by the Committee in 12
private: 13
(a) the Committee must not, without the consent in writing of the 14
witness, and 15
(b) a person (including a member of the Committee) must not, 16
without the consent in writing of the witness and the authority 17
of the Committee under subclause (5), 18
disclose or publish the whole or a part of that evidence. 19
Maximum penalty (subclause (3)): 20 penalty units or imprisonment 20
for 3 months, or both. 21
(4) If evidence is taken by the Committee in private otherwise than at the 22
request of a witness, a person (including a member of the Committee) 23
must not, without the authority of the Committee under subclause (5), 24
disclose or publish the whole or part of that evidence. 25
Maximum penalty (subclause (4)): 20 penalty units or imprisonment 26
for 3 months, or both. 27
(5) The Committee may, in its discretion, disclose or publish or, by 28
writing under the hand of the Chairperson, authorise the disclosure or 29
publication of evidence taken in private by the Committee, but this 30
subclause does not operate so as to affect the necessity for the consent 31
of a witness under subclause (3). 32
(6) Nothing in this clause prohibits: 33
(a) the disclosure or publication of evidence that has already been 34
lawfully published, or 35
Page 11
Local Government (Review of Legislative Proposals) Bill 2001
Schedule 1 Provisions relating to members and proceedings of Committee
(b) the disclosure or publication by a person of a matter of which 1
the person has become aware otherwise than by reason, directly 2
or indirectly, of the giving of evidence before the Committee. 3
(7) This clause has effect despite section 4 of the Parliamentary Papers 4
(Supplementary Provisions) Act 1975. 5
(8) If evidence taken by the Committee in private is disclosed or 6
published in accordance with this clause: 7
(a) sections 5 and 6 of the Parliamentary Papers ( Supplementary 8
Provisions) Act 1975 apply to and in relation to the disclosure 9
or publication as if it were a publication of that evidence under 10
the authority of section 4 of that Act, and 11
(b) Division 5 of Part 3 of, and Schedule 2 to, the Defamation Act 12
1974 apply to and in relation to that evidence as if it were taken 13
by the Committee in public. 14
8 Application of certain Acts 15
For the purposes of the Parliamentary Evidence Act 1901 and the 16
Parliamentary Papers (Supplementary Provisions) Act 1975 and for 17
any other purposes: 18
(a) the Committee is to be regarded as a joint committee of the 19
Legislative Council and Legislative Assembly, and 20
(b) the proposal for the appointment of the Committee is to be 21
regarded as having originated in the Legislative Assembly. 22
9 Validity of certain acts or proceedings 23
Any act or proceeding of the Committee is, even though at the time 24
when the act or proceeding was done, taken or commenced there was: 25
(a) a vacancy in the office of a member of the Committee, or 26
(b) any defect in the appointment, or any disqualification, of a 27
member of the Committee, 28
as valid as if the vacancy, defect or disqualification did not exist and 29
the Committee were fully and properly constituted. 30
Page 12
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