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SCRUTINY OF BILLS-STANDING COMMITTEE-APPOINTMENT

Senator Missen, pursuant to Notice of Motion not objected to as a Formal Motion, moved- (1) (a) That a Standing Committee of the Senate, to be known as the Standing Committee for the Scrutiny of Bills, be appointed to report, in respect of the clauses of Bills introduced into the Senate, and in respect of Acts of the Parliament, whether such Bills or Acts, by express words or otherwise- (i) trespass unduly on personal rights and liberties;

(ii) make rights, liberties and/or obligations unduly dependent upon insufficiently defined administrative powers;

(iii) make such rights, liberties and/or obligations unduly dependent upon non- reviewable administrative decisions;

(iv) inappropriately delegate legislative power; or

(v) insufficiently subject the exercise of legislative power to parliamentary scrutiny.

(b) That the Committee, for the purpose of reporting upon the clauses of a Bill when the Bill has been introduced into the Senate, may consider any proposed law or other document or information available to it, notwithstanding that such proposed law, document or information has not been presented to the Senate.

(2) That the Committee have power to consider the Minutes of Evidence and records of the Standing Committee for the Scrutiny of Bills appointed by Resolution of the Senate of 19 November 1981.

(3) (a) That, unless otherwise ordered, the Committee consist of six Senators, three being members of the Government, to be nominated by the Leader of the Government in the Senate, and three being Senators who are not members of the Government, to be nominated by the Leader of the Opposition in the Senate or by any minority group or groups or Independent Senator or Independent Senators.

(b) That the nominations of the Opposition or any minority group or groups or Independent Senator or Independent Senators be determined by agreement between the Opposition and any minority group or groups or Independent Senator or Independent Senators, and, in the absence of agreement duly notified to the President, the question as to the representation on the Committee be determined by the Senate.

(4) That the Committee may proceed to the despatch of business notwithstanding that all members have not been duly appointed and notwithstanding any vacancy.

(5) That the quorum of the Committee be three.

(6) That the Committee have power to appoint sub-committees consisting of three or more of its members, and to refer to any such sub-committee any of the Bills, Acts or other document or information which the Committee is empowered to consider and that the quorum of a sub-committee be two Senators.

(7) That the Committee elect a Government member as Chairman.

(8) That the Chairman may from time to time appoint a member of the Committee to be Deputy-Chairman and the member so appointed act as Chairman of the Committee at any time when there is no Chairman or the Chairman is not present at a meeting of the Committee.

(9) That, in the event of an equality of voting, the Chairman, or the Deputy- Chairman when acting as Chairman, have a casting vote.

(10) That a Senator, though not a member of the Committee, may participate in its public sessions and question witnesses, unless the Committee orders otherwise, but shall not vote.

(11) That the Committee or any sub-committee have power to send for and examine persons, papers and records, to move from place to place, and to meet and transact business in public or private session and notwithstanding any prorogation of the Parliament or dissolution of the House of Representatives.

(12) That, unless otherwise ordered by the Senate, all records and all documents received by the Committee remain in the custody of the Senate.

(13) That members of the public and representatives of the news media may attend and report any public session of the Committee unless the Committee otherwise orders.

(14) That the Committee be empowered to print from day to day such papers and evidence as may be ordered by it, and that a daily Hansard be published of such proceedings of the Committee as take place in public.

(15) That the Committee be provided with all necessary staff, facilities and resources and be empowered to appoint Counsel to advise the Committee, and other persons with specialist knowledge for the purposes of the Committee, with the approval of the President.

(16) That the Committee not meet while the Senate is actually sitting, unless by special order of the Senate.

(17) That the Committee have leave to report from time to time its proceedings and the evidence taken and such recommendations as it may deem fit, and be expected to make regular reports as to the progress of the proceedings of the Committee.

(18) That the Committee may authorise the televising of public hearings of the Committee, at the discretion of the Committee, and under such rules as the Senate may adopt.

(19) That this Resolution operate as an Order of the Senate until such time as the Senate may determine the motion for the adoption of the Ninth Report of the Standing Committee for the Scrutiny of Bills appointed by Resolution of the Senate of 19 November 1981 and, contingent upon such adoption, the Report of the Standing Orders Committee on proposed new Standing Order 36AAB may be considered by the Senate.

(20) That, until such time as the membership of the Committee may be determined under this proposed Order, the members of the Standing Committee on Constitutional and Legal Affairs be members of the Standing Committee for the Scrutiny of Bills.

(21) That the foregoing provisions of this Resolution, so far as they are inconsistent with the Standing Orders, have effect notwithstanding anything contained in the Standing Orders.

Question-put and passed.