Victorian Consolidated Legislation

Subordinate Legislation Act 1994 - SECT 21

PART 5 SCRUTINY, SUSPENSION AND DISALLOWANCE

Review of statutory rules by the Scrutiny Committee

21. Review of statutory rules by the Scrutiny Committee



(1) The Scrutiny Committee may report to each House of the Parliament if the
Scrutiny Committee considers that any statutory rule laid before Parliament-

   (a)  does not appear to be within the powers conferred by the authorising
        Act;

   (b)  without clear and express authority being conferred by the authorising
        Act-

   (i)  has a retrospective effect; or

   (ii) imposes any tax, fee, fine, imprisonment or other penalty; or

   (iii) purports to shift the onus of proof to a person accused of an
        offence; or

   (iv) provides for the sub-delegation of powers delegated by the authorising
        Act;

   (c)  appears to be inconsistent with the general objectives of the
        authorising Act;

   (d)  makes unusual or unexpected use of the powers conferred by the
        authorising Act having regard to the general objectives of that Act;

   (e)  contains any matter or embodies any principles which should properly
        be dealt with by an Act and not by subordinate legislation;

   (f)  unduly trespasses on rights and liberties of the person previously
        established by law;

   (g)  makes rights and liberties of the person unduly dependent upon
        administrative and not upon judicial decisions;

   (ga) 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;

   (gb) 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;

   (h)  is inconsistent with principles of justice and fairness;

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



        (i)    requires explanation as to its form or intention;

   (j)  has been prepared in contravention of any of the provisions of this
        Act or of the guidelines with respect to the statutory rule and the
        contravention is of a substantial or material nature;

   (k)  is likely to result in administration and compliance costs which
        outweigh the likely benefits sought to be achieved by the
        statutory rule.

(2) A report of the Scrutiny Committee under this section may contain any
recommendations that the Scrutiny Committee considers appropriate, including a
recommendation that a statutory rule should be-



   (a)  disallowed in whole or in part; or

   (b)  amended as suggested in the report.