Victorian Consolidated Legislation

Parliamentary Committees Act 2003 - SECT 17

Scrutiny of Acts and Regulations Committee

17. Scrutiny of Acts and Regulations Committee

The functions of the Scrutiny of Acts and Regulations Committee are-

   (a)  to consider any Bill introduced into the Council or the Assembly and
        to report to the Parliament as to whether the Bill directly or
        indirectly-

   (i)  trespasses unduly on rights or freedoms;

   (ii) makes rights, freedoms or obligations dependent on insufficiently
        defined administrative powers;

   (iii) makes rights, freedoms or obligations dependent on non-reviewable
        administrative decisions;

   (iv) unduly requires or authorises acts or practices that may have an
        adverse effect on personal privacy within the meaning of the
        Information Privacy Act 2000;

   (v)  unduly requires or authorises acts or practices that may have an
        adverse effect on privacy of health information within the meaning of
        the Health Records Act 2001;

   (vi) inappropriately delegates legislative power;

   (vii) insufficiently subjects the exercise of legislative power to
        parliamentary scrutiny;

   (viii) is incompatible with the human rights set out in the Charter of
        Human Rights and Responsibilities;

   (b)  to consider any Bill introduced into the Council or the Assembly and
        to report to the Parliament-

   (i)  as to whether the Bill directly or indirectly repeals, alters or
        varies section 85 of the Constitution Act 1975, or raises an issue as
        to the jurisdiction of the Supreme Court;

   (ii) if a Bill repeals, alters or varies section 85 of the Constitution Act
        1975, whether this is in all the circumstances appropriate and
        desirable;

   (iii) if a Bill does not repeal, alter or vary section 85 of the
        Constitution Act 1975, but an issue is raised as to the jurisdiction
        of the Supreme Court, as to the full implications of that issue;

   (c)  to consider any Act that was not considered under paragraph (a) or (b)
        when it was a Bill-

   (i)  within 30 days immediately after the first appointment of members of
        the Committee after the commencement of each Parliament; or

   (ii) within 10 sitting days after the Act receives Royal Assent- whichever
        is the later, and to report to the Parliament with respect to that Act
        or any matter referred to in those paragraphs;

   (d)  the functions conferred on the Committee by the
        Subordinate Legislation Act 1994;

   (e)  the functions conferred on the Committee by the
        Environment Protection Act 1970;

   (f)  the functions conferred on the Committee by the
        Co-operative Schemes (Administrative Actions) Act 2001;

   (fa) the functions conferred on the Committee by the Charter of Human
        Rights and Responsibilities;





   (g)  to review any Act in accordance with the terms of reference under
        which the Act is referred to the Committee under this Act.

Division 2-Specific Purpose Committees