Mr WILLIAMS (Attorney-General) (12:43 PM) —by leave—I move:

(1) Schedule 1, item 1, page 4 (lines 3 to 7), omit subsections (5) and (6), substitute:

(5) An authorisation under subsection (1), and the revocation of such an authorisation, must be in writing.

(2) Schedule 1, item 2, page 4 (lines 14 to 32), omit the item, substitute:

2 Validation of past authorisations

If a Minister (the authorising Minister ) purported, before the commencement of this item, to give to another Minister or member of the Executive Council an authorisation to act on behalf of the authorising Minister in the performance of functions or duties, or the exercise of powers, that the authorising Minister was empowered to perform or exercise under an Act or a provision of an Act or under an instrument (including a regulation, rule or Proclamation) having effect under or for the purposes of such an Act or provision:

(a) the authorisation is taken to have been validly given; and

(b) if the authorisation continues in force after that commencement, the authorising Minister may at any time, by writing, revoke the authorisation.

(3) Schedule 1, item 5, page 5 (line 14), after "function", insert "or duty".

(4) Schedule 1, item 7, page 5 (line 28), omit "5", substitute "6".

(5) Schedule 1, item 7, page 6 (line 2), omit "5", substitute "6".

The first amendment is in respect of the concerns raised about the proposed provision which would have allowed oral authorisations to be given to a minister of which the government has taken note. This amendment will ensure that authorisations given to both ministers and parliamentary secretaries under this provision must be in writing. All parliamentary secretaries are members of the Executive Council. It will also overcome concerns raised that, if oral authorisations were permitted under the proposed provision, it could create practical and procedural difficulties for anyone seeking to review or challenge an administrative decision as there would not be a paper trail in relation to the minister who exercised the relevant power.

The second amendment deals with the validation of past authorisations. It will ensure that any purported past authorisation given by a minister, whether in writing or orally, is to be taken to have been validly given. This will validate past authorisations made by previous governments, including Labor governments, and ensure that decisions made in reliance on those authorisations are not the subject of further legal challenge. Although this provision validates past authorisations, it also provides that these authorisations may be revoked in writing by the authorising minister at any time.

The third amendment amends the validation provision dealing with past acts done on behalf of another portfolio minister by another minister in the portfolio. It amends the provision to include acts done in the performance of a duty as well as acts done in the performance of a function. This will ensure that all relevant acts are validated.

The fourth and fifth amendments correct a drafting order. I present a supplementary explanatory memorandum in respect of government amendments Nos 1 to 5, and I commend the amendments to the House.