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Title

LEGISLATIVE INSTRUMENTS BILL 2003

LEGISLATIVE INSTRUMENTS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) BILL 2003

In Committee

Database

Senate Hansard

Date

02-12-2003

Source

Senate

Parl No.

40

Electorate

Western Australia

Interjector

 

Page

18710

Party

AD

Presenter

 

Status

Final

Question No.

 

Questioner

 

Responder

 

Speaker

Greig, Sen Brian

Stage

In Committee

Type

 

Context

Bills

System Id

chamber/hansards/2003-12-02/0177


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Tuesday, 2 December 2003
Page: 18710


Senator GREIG (8:25 PM) —I move Democrat amendment (2) on sheet 3231:

(2) Schedule 1, item 6, page 9 (lines 5 to 20), omit subsection 46B(3), substitute:

(3) An instrument to which this section applies, or a provision of such an instrument, has no effect if, apart from this subsection, it would take effect before the time of its notification under subsection (5) and as a result:

(a) the rights of a person (other than the Commonwealth or an authority of the Commonwealth) as at the time of notification would be affected so as to disadvantage that person; or

(b) liabilities would be imposed on a person (other than the Common-wealth or an authority of the Commonwealth) in respect of anything done or omitted to be done before the time of notification.

(3A) To avoid any doubt, subsection (3) applies to an instrument that takes effect before the time of its notification under subsection (5) either:

(a) because it is expressed to take effect before that time; or

(b) because of the operation of subsection 3(2).

This amendment principally does the reverse of what the government was trying to achieve. I spoke at length on this when I spoke to Democrat amendment (2) on sheet 3230, when I talked in particular about our concerns about Melville Island. This amendment is linked to that one; it is simply the consequential flowthrough. We believe it is a more appropriate and effective response and provides for a better bill. I seek the support of the committee for this amendment, as opposed to what the government was trying to achieve.