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PARLIAMENTARY COMMITTEES (AMENDMENT) BILL 1999

                 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

 


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