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Thursday, 25 August 1994
Page: 343

Senator FAULKNER (Minister for the Environment, Sport and Territories) (11.27 a.m.) —I move:

(1)Clause 2, page 2, at the end of the clause, add the following subclause:

  "(2) If this Act does not commence under subsection (1) within the period of one year beginning on the day on which this Act receives the Royal Assent, it is repealed on the first day after the end of that period.".

Previously, clause 2 of the NEPC Act stated that the act commenced on a day to be fixed by proclamation. Paragraph 6 of drafting instruction No. 2 of 1989 suggests that an open-ended power of proclamation may be warranted in unusual circumstances where the commencement depends on an event the timing of which is uncertain, such as the enactment of complementary state and territory legislation.

  Although paragraph 6 of the drafting instruction appears to apply in the case of the NEPC bill, the Senate Standing Committee on the Scrutiny of Bills has indicated that it would be preferable for this act to be automatically repealed if it has not been proclaimed within 12 months of royal assent. This recommendation by the Senate committee in fact has been endorsed by this proposed amendment to clause 2.