Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Parliamentary Committees (Amendment) Act 1999
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Public Accounts and Estimates Committee 2
5. Scrutiny of Acts and Regulations Committee 3
6. New Part IV inserted 3
PART IV--ECONOMIC DEVELOPMENT COMMITTEE 3
37. Economic Development Committee 3
38. Functions of Economic Development Committee 4
39. Role of Economic Development Committee 4
40. Term of Economic Development Committee 5
41. Application of other provisions of this Act 5
7. Amendments consequential on appointment of Economic
Development Committee 6
8. House Committee 8
9. New section 53A inserted 8
53A. Supreme Court--limitation of jurisdiction 8
10. New sections 55 and 56 inserted 9
55. Transitional provision--disallowance of statutory rules 9
56. Transitional provision--Economic Development
Committee 9
11. Economic Development Committee to become Joint
Investigatory Committee 10
12. New section 4EC inserted 11
4EC. Economic Development Committee 11
NOTES 13
i
541013B.I1-8/12/99
PARLIAMENT OF VICTORIA
Initiated in Assembly 8 December 1999
A BILL
to amend the Parliamentary Committees Act 1968 and for other
purposes.
Parliamentary Committees
(Amendment) Act 1999
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Parliamentary Committees Act 1968 so as to--
(a) increase the membership of the Public
5 Accounts and Estimates Committee; and
(b) vary the role of the Scrutiny of Acts and
Regulations Committee; and
1
541013B.I1-8/12/99
Parliamentary Committees (Amendment) Act 1999
s. 2
Act No.
(c) establish a Committee of the Council to be
called the Economic Development
Committee for the duration of the Parliament
in existence at the date of the passing of this
5 Act; and
(d) increase the membership of the House
Committee and vary its role.
2. Commencement
(1) This Act (except sections 11 and 12) comes into
10 operation on the day on which it receives the
Royal Assent.
(2) Sections 11 and 12 come into operation on the day
on which the Assembly which is in existence at
the date of the passing of this Act--
15 (a) expires by effluxion of time; or
(b) is dissolved--
whichever of those events first happens.
3. Principal Act
No. In this Act, the Parliamentary Committees Act
7727/1968.
20 1968 is called the Principal Act.
Reprint No. 4
as at 28 July
1997. Further
amended by
Nos 93/1997
and 46/1998.
4. Public Accounts and Estimates Committee
(1) In section 4B(1) of the Principal Act, after "9"
insert "or, in the case of the Public Accounts and
Estimates Committee, 10".
25 (2) In section 4B(3) of the Principal Act, before
paragraph (a) insert--
"(aa) if the Committee consists of 10 members--
6 members; or".
2
541013B.I1-8/12/99
Parliamentary Committees (Amendment) Act 1999
s. 5
Act No.
5. Scrutiny of Acts and Regulations Committee
In section 4D of the Principal Act, after
paragraph (b) insert--
"(ba) to consider any Act passed at any time
5 between 3 November 1999 and 31 December
1999 and to report to the Parliament with
respect to that Act on any matter referred to
in paragraph (a) or (b); and".
6. New Part IV inserted
10 After Part III of the Principal Act insert--
"PART IV--ECONOMIC DEVELOPMENT
COMMITTEE
37. Economic Development Committee
(1) There shall be a select committee of the
15 Council to be called the Economic
Development Committee.
(2) The Economic Development Committee
consists of not more than 7 members.
(3) As soon as conveniently practicable after the
20 commencement of section 6 of the
Parliamentary Committees (Amendment)
Act 1999, the members of the Economic
Development Committee shall be appointed
according to the practice of the Council with
25 reference to the appointment of members to
serve on select committees of the Council.
(4) The quorum of the Economic Development
Committee is 4 members.
(5) The Economic Development Committee
30 must elect one of its members to be
chairman.
3
541013B.I1-8/12/99
Parliamentary Committees (Amendment) Act 1999
s. 6
Act No.
(6) The chairman has a deliberative vote and, in
the event of an equality of votes, a casting
vote.
38. Functions of Economic Development
5 Committee
The functions of the Economic Development
Committee are to inquire into, consider and
report to the Parliament on any proposal,
matter or thing connected with economic
10 development or industrial affairs, if the
Committee is required so to do by or under
this Act.
39. Role of Economic Development Committee
(1) The Economic Development Committee is
15 required to inquire into, consider and report
to the Parliament on any proposal, matter or
thing relevant to the functions of the
Committee which is referred to the
Committee--
20 (a) by resolution of the Council; or
(b) by Order of the Governor in Council
published in the Government Gazette.
(2) A resolution of the Council or an Order of
the Governor in Council referring a proposal,
25 matter or thing to the Economic
Development Committee under sub-section
(1) may specify a period of time within
which the Committee is required to make a
final report to the Parliament on the
30 proposal, matter or thing.
(3) The Economic Development Committee
must not be required, and is not permitted, to
inquire into, consider and report to the
Parliament on--
4
541013B.I1-8/12/99
Parliamentary Committees (Amendment) Act 1999
s. 6
Act No.
(a) the annual estimates or receipts and
payments and other Budget papers and
any supplementary estimates of receipts
or payments presented to the Assembly
5 and the Council; or
(b) audit priorities for the purposes of the
Audit Act 1994.
40. Term of Economic Development Committee
(1) The Economic Development Committee
10 holds office, and may exercise all the powers
conferred on it by this Act or otherwise, for
the Parliament during which it is appointed
until--
(a) the expiry of the Assembly by effluxion
15 of time; or
(b) the dissolution of the Assembly--
whichever of those events first happens.
(2) Subject to sub-sections (3) and (4), the
Economic Development Committee may sit
20 and transact business during the period for
which it holds office at such times (including
times while either House of the Parliament
has adjourned) and in such places in Victoria
or elsewhere as are convenient for the proper
25 and speedy despatch of business.
(3) The Economic Development Committee
must not sit while the Council is actually
sitting except by leave of the Council.
(4) The Economic Development Committee may
30 not, while the Council is actually sitting, sit
in any place other than a place that is within
the Parliament buildings.
41. Application of other provisions of this Act
5
541013B.I1-8/12/99
Parliamentary Committees (Amendment) Act 1999
s. 7
Act No.
(1) Sections 4H, 4I, 4J, 4K, 4L, 4N, 4O, 4R, 4T
and 4U shall, as modified by sub-section (2)
of this section and with any other necessary
modifications, apply to and in relation to the
5 Economic Development Committee, and to
any sub-committee of the Economic
Development Committee, as if it were a Joint
Investigatory Committee or a sub-committee
of a Joint Investigatory Committee, as the
10 case requires.
(2) The provisions referred to in sub-section (1)
apply to and in relation to the Economic
Development Committee, and to any sub-
committee of the Economic Development
15 Committee, as if--
(a) the reference in section 4I(3) to both
Houses of the Parliament were a
reference to the Council; and
(b) paragraph (a) were omitted from
20 section 4T.".
7. Amendments consequential on appointment of
Economic Development Committee
(1) In section 3(1) of the Principal Act--
(a) after the definition of "Council" insert--
25 ' "Economic Development Committee"
means the Committee of the Council
appointed under Part IV;';
(b) in the definition of "Joint House
Committee", omit ", Economic Development
30 Committee";
(c) in the definition of "Parliamentary
Committee", after "Special Purpose
6
541013B.I1-8/12/99
Parliamentary Committees (Amendment) Act 1999
s. 7
Act No.
Committee," insert "the Economic
Development Committee,".
(2) In section 4 of the Principal Act--
(a) for "6" substitute "5";
5 (b) paragraph (f) is repealed.
(3) Section 4EC of the Principal Act is repealed.
(4) In section 4H(1) of the Principal Act, after "Joint
Investigatory Committee" (where thirdly
occurring) insert "or of the Economic
10 Development Committee".
(5) In section 4Q of the Principal Act--
(a) in sub-section (1)--
(i) for "and the" substitute ", the";
(ii) after "Committees" insert "and the
15 chairman of the Economic
Development Committee";
(b) in sub-section (2)--
(i) for "chairmen of Joint Investigatory
Committees" substitute "members of
20 that Committee (other than the
President or the Speaker)";
(ii) after "Committees" (where secondly
occurring) insert "and the Economic
Development Committee";
25 (c) in sub-section (3)--
(i) after "Joint Investigatory Committee"
(where first occurring) insert "or of the
Economic Development Committee";
(ii) after "Joint Investigatory Committee"
30 (where secondly occurring) insert "or
to the chairman of the Economic
7
541013B.I1-8/12/99
Parliamentary Committees (Amendment) Act 1999
s. 8
9
Act No.
Development Committee, as the case
requires,".
(6) In section 51A(1A)(a)(ii) of the Principal Act,
after "Committee" insert "or of the Economic
5 Development Committee".
(7) In section 51A(6) of the Principal Act, after
paragraph (c) insert--
"(d) the Economic Development Committee.".
8. House Committee
10 (1) In section 45(2) of the Principal Act--
(a) for "ten" substitute "eleven"; and
(b) for "five" (where secondly occurring)
substitute "six".
(2) In section 45(4) of the Principal Act, for "Three"
15 substitute "Seven".
(3) In section 46 of the Principal Act, after sub-
section (1) insert--
"(1A) The House Committee shall advise the
Speaker and, where appropriate, the
20 President on the management of
Parliamentary services, including any thing
concerned with information technology.
(1B) The department of Parliamentary Services,
and the Secretary of that department, must
25 provide the House Committee with any
assistance and services that the House
Committee requires to enable it to carry out
its functions.".
30 9. New section 53A inserted
After section 53 of the Principal Act insert--
"53A. Supreme Court--limitation of jurisdiction
8
541013B.I1-8/12/99
Parliamentary Committees (Amendment) Act 1999
Act No.
It is the intention of section 4U, as applied to
and in relation to the Economic
Development Committee by section 41, to
alter or vary section 85 of the Constitution
5 Act 1975.".
10. New sections 55 and 56 inserted
After section 54 of the Principal Act insert--
"55. Transitional provision--disallowance of
statutory rules
10 (1) This section applies to any statutory rule that
is laid before a House of the Parliament on
or after 3 November 1999 and before the
first appointment of members of the Scrutiny
of Acts and Regulations Committee after the
15 commencement of section 10 of the
Parliamentary Committees (Amendment)
Act 1999.
(2) Despite anything to the contrary in the
Subordinate Legislation Act 1994, section
20 23(2)(a) of that Act has effect in relation to a
statutory rule to which this section applies as
if it required notice of a resolution to
disallow that statutory rule to be given in a
House of the Parliament on or before the
25 18th sitting day of that House after that first
appointment of members referred to in sub-
section (1).
56. Transitional provision--Economic
Development Committee
30 (1) This section applies where a proposal, matter
or thing is being inquired into or considered
by the Economic Development Committee
appointed under Part IV and that Committee
lapses or ceases to have legal existence
9
541013B.I1-8/12/99
Parliamentary Committees (Amendment) Act 1999
s. 11
Act No.
before the proposal, matter or thing has been
reported on to Parliament by it.
(2) The evidence taken before the Committee
referred to in sub-section (1) shall be
5 considered by any other Parliamentary
Committee which may inquire into or
consider the same proposal, matter or thing
as if that evidence had been given before,
and for the information and guidance of, the
10 other Committee.".
11. Economic Development Committee to become Joint
Investigatory Committee
(1) In section 3(1) of the Principal Act--
(a) omit the definition of "Economic
15 Development Committee";
(b) in the definition of "Joint House Committee"
after "Public Accounts and Estimates
Committee" insert ", Economic
Development Committee";
20 (c) in the definition of "Parliamentary
Committee", omit "the Economic
Development Committee,".
(2) In section 4 of the Principal Act--
(a) for "5" substitute "6";
25 (b) after paragraph (e) insert--
"(f) Economic Development Committee;".
(3) In section 4H(1) of the Principal Act, omit "or of
the Economic Development Committee".
30
(4) In section 4Q of the Principal Act--
(a) in sub-section (1)--
10
541013B.I1-8/12/99
Parliamentary Committees (Amendment) Act 1999
s. 12
Act No.
(i) for ", the chairmen" substitute "and the
chairmen";
(ii) omit "and the chairman of the
Economic Development Committee";
5 (b) in sub-section (2)--
(i) for "members of that Committee (other
than the President or the speaker)"
substitute "chairmen of Joint
Investigatory Committees";
10 (ii) omit "and the Economic Development
Committee";
(c) in sub-section (3)--
(i) omit "or of the Economic Development
Committee";
15 (ii) omit "or to the chairman of the
Economic Development Committee, as
the case requires,".
(5) Part IV of the Principal Act is repealed.
(6) In section 51A(1A)(a)(ii) of the Principal Act,
20 omit "or of the Economic Development
Committee".
(7) In section 51A(6) of the Principal Act,
paragraph (d) is repealed.
(8) Section 53A of the Principal Act is repealed.
25 12. New section 4EC inserted
After section 4EB of the Principal Act insert--
"4EC. Economic Development Committee
The functions of the Economic Development
Committee are to inquire into, consider and
30 report to the Parliament on any proposal
matter or thing connected with economic
development or industrial affairs, if the
11
541013B.I1-8/12/99
Parliamentary Committees (Amendment) Act 1999
s. 12
Act No.
Committee is required or permitted so to do
by or under this Act.".
12
541013B.I1-8/12/99
Parliamentary Committees (Amendment) Act 1999
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
13
541013B.I1-8/12/99
[Index] [Search] [Download] [Related Items] [Help]