scrutiny report · 2012-11-12 · 1 scrutiny report no 53 – 20 july 2004 bills: bills – no...

STANDING COMMITTEE ON LEGAL AFFAIRS (performing the duties of a Scrutiny of Bills and

Subordinate Legislation Committee)

Scrutiny Report

2 0 J u l y 2 0 0 4

R e p o r t 5 3

Terms of reference The Standing Committee on Legal Affairs (when performing the duties of a

scrutiny of bills and subordinate legislation committee) shall:

(a) consider whether any instrument of a legislative nature made under an Act which is subject to disallowance and or disapproval by the Assembly (including a regulation, rule or by-law):

(i) is in accord with the general objects of the Act under which

it is made; (ii) unduly trespasses on rights previously established by law; (iii) makes rights, liberties and/or obligations unduly dependent

upon non-reviewable decisions; or (iv) contains matter which in the opinion of the committee

should properly be dealt with in an Act of the Legislative Assembly;

(b) consider whether any explanatory statement or explanatory memorandum

associated with legislation and any regulatory impact statement meets the technical or stylistic standards expected by the Committee

(c) consider whether the clauses of bills introduced into the Assembly:

(i) unduly trespass on personal rights and liberties; (ii) make rights, liberties and/or obligations unduly dependent

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

upon non-reviewable decisions; (iv) inappropriately delegate legislative powers; or (v) insufficiently subject the exercise of legislative power to

parliamentary scrutiny.

(d) report to the Assembly on these or any related matter and if the Assembly is not sitting when the Committee is ready to report on bills and subordinate legislation, the Committee may send its report to the Speaker, or, in the absence of the Speaker, to the Deputy Speaker, who is authorised to give directions for its printing, publication and circulation.

Members of the Committee

Mr Bill Stefaniak, MLA (Chair) Mr John Hargreaves, MLA (Deputy Chair)

Ms Kerrie Tucker, MLA ___________

Legal Adviser: Mr Peter Bayne Secretary: Mr Max Kiermaier

(Scrutiny of Bills and Subordinate Legislation Committee)

Assistant Secretary: Ms Anne Shannon (Scrutiny of Bills and Subordinate

Legislation Committee)

Role of the Committee

The Committee examines all Bills and subordinate legislation presented to the Assembly. It does not make any comments on the policy aspects of the legislation. The Committee’s terms of reference contain principles of scrutiny that enable it to operate in the best traditions of totally non-partisan, non-political technical scrutiny of legislation. These traditions have been adopted, without exception, by all scrutiny committees in Australia. Non-partisan, non-policy scrutiny allows the Committee to help the Assembly pass into law Acts and subordinate legislation which comply with the ideals set out in its terms of reference.

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Scrutiny Report No 53 – 20 July 2004

BILLS: Bills – No Comment The Committee has examined the following Bills and offers no comment on them:

Discrimination Amendment Bill 2004 (No 2) This is a Bill to amend section 27 of the Discrimination Act 1991 relating to measures intended to achieve equality so far as concerns members of a relevant class.

Drugs of Dependence (Syringe Vending Machines) Amendment Bill 2004 This is a Bill to amend the Drugs of Dependence Act 1989 to provide a legislative base for the distribution of needles and syringes via a vending machine and to protect those who are approved to distribute syringes in this manner from prosecution under the Criminal Code 2002.

Payroll Tax Amendment Bill 2004 This is a Bill to amend the Payroll Tax Act 1987 to provide an exemption from payroll tax in respect of wages paid to an employee while he or she is taking maternity, adoption and/or primary carer leave.

Residential Tenancies Amendment Bill 2004 This is a Bill to amend Residential Tenancies Act 1997, primarily to make provision for the concept of an occupancy agreement and the determination of occupancy principles. The Bill would also clarify the definition of a residential tenancy agreement, and improve the way the Residential Tenancies Tribunal records its reasons and decisions. Bills – Comment The Committee has examined the following Bills and offers these comments on them:

Charter of Responsibilities Bill 2004 This is a Bill for an Act to encourage awareness of the responsibilities of people in the ACT towards each other. Has there been an undue trespass on rights and liberties? - Para 2(c)(i) The Committee notes that the interaction of the provisions of the Bill with those of the Human Rights Act 2004 would be a matter of complexity. It notes three matters in particular.

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First, clause 8 provides:

8(1) In working out the meaning of a Territory law, an interpretation that is consistent with civil responsibilities is to be preferred to any other interpretation.

… (3) If applying subsection (1) and the Human Rights Act 2004, section 30 (1) to a

Territory law would achieve a different result, only subsection (1) is to be applied.

Section 8 would then qualify the effect of the Human Rights Act 2004 in some situations. Just how would be a matter for analysis in the particular case. Secondly, and in contrast, the effect of sub-clauses Part 1.1(3) and (4) of the Bill could well be to extend significantly the effect of the Human Rights Act 2004. These clauses provide: (3) People who hold a position of trust and authority in our community are required

to show respect towards others, and must have ethical standards and serve truth. Examples of positions of authority public officers whose work benefits society, such as police officers, emergency service workers, public servants, teachers and medical staff (4) For this section, respecting other people includes respecting other’s freedom

and human rights. Examples 1 a person must not unlawfully restrict someone else’s speech, movement or

association 2 a person must respect everyone else’s right to life, and to humane treatment 3 a person must recognise everyone else’s right to equality before the law 4 a person must not harass, annoy or interfere anyone else in their community, for

example by not upholding the proper values of the community or neighbourhood

The class of “People who hold a position of trust and authority in our community” could be very wide, and, as piece of beneficial legislation, a court would be likely to give a wide interpretation to the concept. This might mean that the Human Rights Act 2004 will operate to impose positive obligations on people in this class, where such an obligation would not otherwise exist as a matter of law. Thirdly, there may be instances where a particular civil responsibility stated in Schedule 1 qualifies directly the Human Rights Act 2004. For example, clause 17, in Part 1.2, provides:

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Accepting the law’s authority A person who breaks the law has a responsibility to confess and accept appropriate punishment.

This clause would qualify paragraph 22(2)(i) of the Act, which provides:

(2) Anyone charged with a criminal offence is entitled to the following minimum guarantees, equally with everyone else: …

(i) not to be compelled to testify against himself or herself or to confess guilt.

The Committee draws these matters to the attention of the Assembly.

Civil Law (Wrongs) (Proportionate Liability and Professional Standards) Amendment Bill 2004

This is a Bill to amend the Civil Law (Wrongs) Act 2002 to implement proportionate liability and professional standards in the Australian Capital Territory. It would (i) replace the use of the concept of joint and several liability as a means of compensating claimants with the concept of proportionate liability as a means for compensating claimants in legal claim for economic loss or property damage; and (ii) introduce professional standards for industry associations, such as compulsory professional indemnity insurance, continuing education, codes of conduct, disciplinary procedures, and risk management strategies, in return for financial limits on liability for damages in relation to an action under the law of negligence, contract or misleading conduct for economic loss. Has there been an undue trespass on rights and liberties? - Para 2(c)(i) Equality under the law Subsection 8 of the Human Rights Act 2004 provides:

8 Recognition and equality before the law (1) Everyone has the right to recognition as a person before the law. (2) Everyone has the right to enjoy his or her human rights without distinction

or discrimination of any kind. (3) Everyone is equal before the law and is entitled to the equal protection of

the law without discrimination. In particular, everyone has the right to equal and effective protection against discrimination on any ground.

Section 28 then provides:

28 Human rights may be limited Human rights may be subject only to reasonable limits set by Territory laws that can be demonstrably justified in a free and democratic society.

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The issue arises whether legislation which provides for a particular regime to govern the civil liability of a class of persons is incompatible with section 8. On its face, such a law would appear to either give a preference to that class, or, on the other hand, to treat that class in a less advantageous way. Such different treatment might be justified under section 28. Thus, it is relevant to take account of the justification given in the Explanatory Statement for the scheme of this Bill.

The Bill represents a further measure to deal with the problems experienced by the insurance industry since 2001. A combination of international, domestic and structural factors came together to produce a severe increase in premiums for liability classes of insurance in Australia. For some risks, liability insurance became unavailable. The factors which led to the crisis included the failure of the HIH insurance group in early 2001 and the increased scrutiny of underwriting performance and capital adequacy, including upgrades to the prudential standards set by the Australian Prudential Regulatory Authority, which regulates the insurance industry. To counteract the effect of the insurance crisis on the professional indemnity insurance market, the Standing Committee of Attorneys-General (SCAG) in August 2003 set out a nationally consistent basis for proportionate liability legislation and professional standards legislation and committed to legislative implementation. The SCAG proposal is the culmination of a long process of national policy consultation aimed at dealing with the recent problems affecting the insurance industry in Australia and overseas. Proportionate liability legislation for purely economic loss or property damage and professional standards legislation are complementary approaches addressing the problem of escalating professional indemnity insurance premium prices.

The Committee draws these matters to the attention of the Assembly. Retrospective law Proposed section 107B would define the concept of an ‘apportionable claim’, which is the type of claim to which ‘proportionate liability’ will apply. The Explanatory Statement than notes that:

Proportionate liability will not apply to a claim arising out of personal injury, a ‘consumer claim’ and any claim prescribed under the regulations. Any such regulations may be applied retrospectively to cover claims arising before the regulations were notified.

The application of the law retrospectively, and in a context where a right of action is concerned, raises the question of whether there has been a deprivation of property. In particular, there may be a question whether the law is in breach of paragraph 23(1)(a) of the Australian Capital Territory (Self-Government) Act 1988 "the Assembly has no power to make laws with respect to: (a) the acquisition of property otherwise than on just terms; …".

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It may be that proposed subsection 107B(5) would operate only beneficially. Given the significance of this issue under the law of the Territory, the issue should be addressed. The Committee draws these matters to the attention of the Assembly.

Criminal Code (Serious Drug Offences) Amendment Bill 2004 This is a Bill to amend the Criminal Code 2002 to insert a new chapter 6, which would comprise a number of offences relating to cultivation, manufacture, and selling of dangerous drugs. Has there been an undue trespass on rights and liberties? - Para 2(c)(i) Absolute liability offences Section 603 provides that absolute liability attaches to an element of the relevant offence. This element is usually the amount of the drug in respect of which the accused did something (such as sell it). (The issues now to be addressed also arise in relation to a number of other proposed sections of the Code; see sections 610, 611, 616, and 619, and those in relation to offences involving children in proposed Part 6.5.) For example, the Explanatory Statement states in relation to section 603:

An important feature of the offences in subclauses 603(1), 603(3) and 603(5) is that absolute liability applies to the circumstance that the quantity trafficked was a ‘large commercial quantity’, a ‘commercial quantity’ or a ‘trafficable quantity’, as the case may be (see subclauses 603(2), 603(4) and 603(6)). What this effectively means is that it is not necessary for the prosecution to prove that the defendant knew or intended to traffic in a ‘large commercial quantity’ etc of the drug involved or that he or she had any other fault element with respect to the amount trafficked. Of course the prosecution will still have to prove that the amount of drug involved in the offence was in fact a ‘large commercial quantity’ etc. Also, it is important to stress that the application of absolute liability to the ‘quantity element’ of these offences does not render them absolute liability offences. Rather, absolute liability will only apply to that one element of the offence involved. For example, the prosecution would still have to prove that the defendant intended to sell the drug (though note the further discussion with regard to clause 604 below).

Section 604 is addressed below. The Explanatory Statement includes an extensive comment on the fact that that absolute liability attaches to an element of the some offences. (What is said in relation to section 603 is adopted in relation to other offences.)

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It is important in this regard to read subclause 603(2) etc with clause 634. That provision (clause 634) allows the accused a defence that will permit the court to convict of a lesser offence if the accused proves on the balance of probabilities that he or she gave consideration to the quantity of drug he or she was trafficking etc but was under a mistaken belief about the quantity of the drug involved. That is, if the accused establishes to the relevant standard that he or she considered the question but mistakenly believed that the quantity involved was ‘Y’ grams (a commercial quantity) rather than ‘X’ grams (a large commercial quantity) the court can return a guilty verdict for the lesser offence of trafficking in ‘a commercial quantity’ of a controlled drug (subclause 603(3)). Alternatively if the accused establishes that he or she mistakenly believed that the amount involved was ‘Z’ grams (less than a commercial quantity) the court can return a guilty verdict for the lesser offence of trafficking in a controlled drug (subclause 603(7)). The application of absolute liability to the quantity element of these offences is considered appropriate for a number of reasons. First, the inclusion of the mistaken belief defence in clause 634 effectively allows the court to give consideration to matters of fault with respect to quantity and to impose a penalty that is appropriate for the amount that the accused believed he or she was trafficking. Also the reversal of the onus of proof is justified in this context (that is the requirement for the defendant to prove the mistaken belief) given the mischief that these offences are intended to address and that the matter that the defendant is required to prove (mistaken belief) is a matter that would be peculiarly within his or her knowledge. Further, the corresponding offences in the DDA (subsections 164(2)(a), 164(3)(a) and 165(1)(a)) also effectively impose absolute liability with respect to the quantity of drugs involved. Therefore from the defendant’s perspective the inclusion of clause 634 represents a softening of the current state of the law on this matter. Finally, it is worth noting that the application of absolute liability as to quantity and the inclusion of clause 634 accords with MCCOC’s revised chapter 6 recommendations delivered to SCAG in November 2003. There are two other issues that need to be considered in relation to the offences in this clause. The first concerns clause 604 and the manner of proving ‘commercial intent’. That is, the manner of proving that a person engaged in the activities referred to in subclauses 602(b) to 602(e) with the intention of selling or believing that someone else intends to sell the controlled drug involved. This is dealt with in the commentary to clause 604. It is also important to draw attention to section 43 of the Criminal Code, which provides that a person is not liable for an offence if the conduct required for the offence is justified or excused under law. Accordingly a person who, for example, is authorised under the DDA to sell or possess controlled drugs or is an exempt person, such as a police officer or analyst, is not liable to the offences under chapter 6 to the extent of his or her authorisation or exemption. The lawful authority defence in section 43 of the Criminal Code also applies to the other offences in this chapter.

The Committee has drawn attention to the rights issues thrown up by offences of strict and absolute liability in Report No 38 of the Fifth Assembly.

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Looking at the matter from in terms of the Human Rights Act 2004, a court may see the issue as being whether an offence of strict and absolute liability, or an offence which includes an element of strict and absolute liability, is compatible with a person’s “right to liberty and security of the person” (subsection 24(1)); (and see the discussion of the Canadian law in Report No 38). Then, if there is some incompatibility, the question will be whether the law may be justified under section 28 of the Human Rights Act 2004 (which permits of reasonable limits on the rights stated in the Act, which limits “can be demonstrably justified in a free and democratic society”. The Committee draws these matters to the attention of the Assembly. Reversal of burden of proof In relation to proposed section 604, the Explanatory Statement states:

An important feature of the offences in subclauses 603(1), 603(3) and 603(5) relates to subclause 604(1) and the definition of trafficking in clause 602. As noted in the commentary to clause 602, a person is not liable for trafficking simply for preparing a controlled drug for supply. It must also be established that the defendant prepared the drug (for example) with the intention of selling any of it or believing that someone else intends to sell any of it (subclause 602(b)). The trafficking categories of ‘transporting’, ‘guarding or concealing’ and ‘possessing’ a controlled drug also incorporate a ‘commercial intent’ requirement. For transporting the required commercial intent is the same as for preparing a controlled drug for supply (that is, an intention to sell or the belief that someone else intends to sell - subclause 602(c)). For guarding or concealing the commercial intent is an intention to sell or to help someone else to sell (subclause 602(d)) and for possessing it is simply an intention to sell (subclause 602(e)). Clause 604 concerns the manner of proving ‘commercial intent’ with regard to the four categories of trafficking referred to in the preceding paragraph. It provides that if, in a prosecution for a trafficking offence under clause 603, the prosecution proves that the accused prepared for supply or transported, guarded, concealed or possessed a ‘trafficable’ quantity of a controlled drug, it is presumed that the defendant had the relevant intention or belief about the sale of the drug required for offence. The defendant can displace the presumption but to do so he or she must prove on the balance of probabilities (the legal burden) that he or she did not in fact intend to sell the drug or have the required belief about sale. The relevant [provisions of the Drugs of Dependence Act 1991] include a similar presumption, however, they impose an evidential burden on the defendant to displace the presumption (see subsections 162(5), 164(8) and 165(5)). That is, the presumption is displaced if the defendant points to evidence that suggests a reasonable possibility that he or she did not intend to sell etc the drug. It is important to stress that the presumption only arises if the prosecution first proves that the amount of drug the defendant prepared or transported etc was in fact a ‘trafficable’ quantity. Trafficable quantities specified in the regulations are intended to represent quantities that so far exceed the likely requirements of personal use as to provide a rational basis for the inference that a person in possession etc of such

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quantities is likely to be engaged in trafficking. In other words, the preliminary burden on the prosecution to establish that a ‘trafficable’ quantity was involved in the alleged offence provides a solid evidentiary basis for activating the legal presumption and effectively requires the prosecution to go a significant part of the way towards proving commercial intent before the presumption arises. When this is viewed in conjunction with the mischief these offences are intended to address the inclusion of this clause is considered justified. This clause also accords with MCCOC’s revised chapter 6 recommendations delivered to SCAG in November 2003. Subclause 604(2) provides an important exception to the application of the presumption in subclause 604(1). In certain circumstances clause 629 allows the quantities of a number of transactions to be added together where the offence concerned is a general trafficking offence (clause 603) or an offence of supplying controlled drugs to children (clause 622). In such cases if, for example, there are a series of transactions, each involving less than a ‘commercial quantity’ but together involving more than a ‘commercial quantity’, the prosecution can charge the person with a single offence for the combined quantity of drugs involved (a commercial quantity). However, subclause 604(2) makes it clear that clause 629 cannot be relied upon to invoke the ‘commercial intent’ presumption in subclause 604(1) unless each transaction that is relied upon involves a trafficable quantity. This exclusion is justified because a person who is caught in possession of small quantities on several occasions is more likely to be a user than a person engaged in trafficking and that being so it would not be appropriate to apply the presumption in such cases.

One matter in to be noted in particular is that section 604 makes more difficult the task of the accused than is currently the case under the Drugs of Dependence Act 1991. That is, while under this Act the accused bears only an evidential burden to establish that he or she had the requisite belief, under proposed section 604, the accused will bear a legal burden of proof. (These concepts are explained in Report No 8 of 1999). The Committee has addressed the rights issues thrown up by provisions which reverse the onus of proof in Report No 22 of the Fifth Assembly. It noted that Article 6(2) of the European Convention on Human Rights provides that "Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law”. It also noted that English courts are reading this provision so that it may have the effect that, in relation to any statutory offence, the defendant cannot be required to discharge a persuasive burden of proof in relation to any issue of fact in order to establish a defence. All that the defendant can be required to do is to discharge an evidential burden, in the sense of adducing such an amount of evidence that could be a basis for a jury, acting reasonably, to find that the defence had been made out. Once defendant discharged this burden, the prosecution would need to establish beyond reasonable doubt such facts as would prove that the defendant could not take advantage of this defence. The Human Rights Act 2004 states in subsection 22(1) that “everyone charged with a criminal offence has the right to be presumed innocent until proved guilty according to law”. Again, section 28 of the Human Rights Act 2004 permits reasonable limits to be set to this right if they “can be demonstrably justified in a free and democratic society”.

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The Committee draws these matters to the attention of the Assembly. In particular, whether the placing of a legal burden of proof on an accused is incompatible with subsection 22(1) of the Human Rights Act 2004 is an open question. Comment on Explanatory Statement In respect of some provisions, there is an incorrect reference to proposed section 629; the reference should be to section 634. One example occurs at page 17 of the Explanatory Statement, at the second last sentence in the second paragraph on that page. A similar error may appear in the explanation of other provisions, such as proposed section 622. This Explanatory Statement is likely to be used as a guide, and the errors should be corrected.

Electricity (Greenhouse Gas Emissions) Bill 2004 This is a Bill for an Act reduce greenhouse gas emissions associated with the production and use of electricity and to encourage participation in activities to offset the production of greenhouse gas emissions. The Bill would (i) establish Territory greenhouse gas benchmarks and individual greenhouse gas benchmarks for certain participants in the electricity industry and large users of electricity; (ii) establish a scheme for the recognition of activities that reduce or promote the reduction of greenhouse gas emissions and enable trading in, and use of, certificates created as a result of those activities for the purpose of meeting greenhouse gas benchmarks: and (iii) impose a penalty on persons who fail to meet greenhouse gas benchmarks in any year. Has there been an undue trespass on rights and liberties? - Para 2(c)(i) Privileges in relation to provision of information The Explanatory Statement notes:

Proposed section [54] enables the Regulator or the Scheme Administrator to require an officer of a benchmark participant or an officer of an accredited abatement certificate provider or any other person to provide information or documents or to attend a meeting of the Regulator to give evidence. … Proposed section [56] sets out the obligations of the Regulator or Scheme Administrator to ensure that information provided to the Regulator or Scheme Administrator on the understanding that it is confidential and will not be divulged is not divulged, except with the consent of the person who provided the information or (in the case of the Regulator) to the extent that the Regulator is satisfied that it is not confidential in nature or to a member or officer of the Regulator or an officer of the Scheme Administrator.

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The Committee makes these comments. First, in relation to section 54, the Committee notes that there should be a cross-reference (probably at subsection 54(3)) to sections 170 and 171 if the Legislation Act, which provisions operate to preserve the privileges against self-incrimination and client legal privilege in the absence of express statutory abrogation. Secondly, in relation to section 56, the Committee notes that such a provision must be read together with the Freedom of Information Act 1989. The injunction in subsection 56(2) that the “the regulator or scheme administrator must ensure that the information is not disclosed to anyone” is qualified, and, in particular, does not apply to a case where “the disclosure is required under law”. Thus, disclosure under the FOI Act is probably unaffected. Any doubt about this could be resolved, in favour of disclosure under the FOI Act, by reading subsection 56(2) of the Bill in the light of section 16 of the Human Rights Act 2004, noting that the freedom stated in subsection 16(2) extends to “the freedom to … receive … information and ideas of all kinds”. This matter was discussed in Report No 52 of the 5th Assembly. The Committee notes that by subsection 30(1) of the Human Rights Act 2004: “In working out the meaning of a Territory law, an interpretation that is consistent with human rights is as far possible to be preferred”. Again, the Committee considers that it would be appropriate to make a cross-reference to the Freedom of Information Act 1989. Have rights, liberties and/or obligations been made unduly dependent upon non-reviewable decisions? - Para 2(c)(iii) Qualification of the ultra vires principle The Explanatory Statement notes that:

Proposed section 20 makes it clear that an assessment of liability to pay greenhouse penalty is not affected because a provision of the Principal Act, the regulations or the greenhouse gas benchmark rules has not been complied with.

Critical to the rule of law is the principle that bodies invested with statutory power should stay within the boundaries of their power; (in legal terms, the body should not act ultra vires - "beyond power"). Legislative qualification of this principle raises a concern. Proposed section 20 appears to be a major qualification of the ultra vires principle; indeed, it appears to set it aside completely. Given the critical significance of the rule of law in our constitutional system, any qualification of it should be justified. None appears in the Explanatory Statement. Dispensing power Proposed subsection 21(1) confers on the Minister a power to dispense with the application of a critical element in the scheme. The Explanatory Statement states:

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Proposed section 21 enables the Minister, by written order, to waive or suspend obligations to comply with greenhouse gas benchmarks if it appears that compliance is not possible because of a systems or other failure of the register of abatement certificates or because of an emergency affecting the integrity of the register or the abatement certificate system established under the proposed Part.

The Committee has stated its concern about such clauses on several occasions. Such provisions offend basic and longstanding constitutional principle. In essence, they empower the Minister to set aside the statutory scheme as it would normally apply; see generally, Report No 15 of 1997. In this instance, however, the Committee notes that the scope of the discretion to dispense is confined by the terms of subsection 21(3). Comment on Explanatory Statement From clause 28 onwards, the Explanatory Statement reference to clauses of the Bill does not match the numbering in the Bill. This is so because Part 4 comprises clauses 22 to 28, and not, as the Explanatory Statement assumes, clauses 22 to 27.

Gungahlin Drive Extension Authorisation Amendment Bill 2004 This is a Bill to amend the Gungahlin Drive Extension Authorisation Act 2004. It would permit the Minister to declare that land where the GDE is being constructed is not reserved land (being public land reserved under the Territory plan for the purpose of a nature reserve). Has there been an undue trespass on rights and liberties? - Para 2(c)(i) On the face of this Bill, there is no matter calling for comment within the Committee’s terms of reference. The basis in law for an argument that this Bill, standing alone or when read with the Act which it amends, it could amount to a legislative interference with the exercise of judicial power, has been canvassed in earlier reports of the Committee. On the fase of it, there is little to suggest that this basis in law has much, if any, application to this Bill. Whether there exist facts, such as the nature of current legal proceedings, that would throw more light on the situation, is not a matter for the Committee to explore.

Intoxicated Persons (Care and Protection) Amendment Bill 2004 This is a Bill to amend the Intoxicated Persons (Care and Protection) Act 1994 so that the carer of a licensed sobering-up facility must not admit an intoxicated person to a licensed place if the person refuses to undergo a frisk search when required to do so.

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Possible lack of clarity The Committee raises no rights issue for the Assembly, noting that a person is not compelled to enter into or to remain upon the premises of a sobering-up facility. The Committee did, however, find it difficult to understand how this proposed scheme would operate. By proposed new paragraph 6A(b), the carer of a licensed sobering-up facility must not admit an intoxicated person to a licensed place if the person “refuses to undergo a search under section 6C when required to do so”. But then by subsection 6C(1):

(1) A carer may require an intoxicated person to undergo a frisk search in a licensed place.

The problem is: subsection 6C(1) operates only once the person is “in” a licensed place, yet, by paragraph 6A(b), the person could not have been admitted into the place unless they had consented to a search under subsection 6C(1). Comment on Explanatory Statement Possibly due to an unintended omission from the text, at a key point the Explanatory Statement offers a confusing statement as to the point of the key provisions:

The amendments will make an ‘frisk search’ of the intoxicated person by carers as currently outlined in S6C (2) of the amendment, and the safe storage of their possessions and return upon discharge conditions of entry to the facility.

If the Bill is read through, it is possible to see what is meant. Given, however, that the Explanatory Statement has an important role in the interpretation of a law, the Committee suggest that this explanation be re-written.

Tobacco (Vending Machine Ban) Amendment Bill 2004 This is a Bill to amend the Tobacco Act 1927 to the effect of prohibiting the use of vending machines for the purpose of selling tobacco products in the Territory. Has there been an undue trespass on rights and liberties? - Para 2(c)(i) It is apparent that the effect of the proposed new section would be to place limits on how a business may be conducted. Is there an interference with the right to property? The Universal Declaration of Rights provides:

17 (1) Everyone has the right to own property alone as well as in association with others.

(2) No one shall be arbitrarily deprived of his property.

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A more modern statement is found in Protocol 1 to The European Convention on Human Rights:

Article 1 Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.

The concepts of ‘property’ and ‘possessions’ have been given a wide interpretation by various courts that have considered these or similar provisions. The freedom to enter into contracts, or to operate under a licence, may well be included; (see (N Jayawickrama The Judicial Application of Human Rights Law (2002) 916). On the other hand, it is also recognised that restrictions on the use of property or possessions will not violate these rights “so long as they serve objectives of general interest and do not constitute a disproportionate and intolerable interference with the rights of the owner, impinging on the substance of the right” (N Jayawickrama, above, 914-916). The notion that the regulation must be proportionate embraces the idea that there must be a reasonable relationship between the means employed and the aim pursued (ibid at 917). In Huddart Parker Ltd v Commonwealth (1931) 44 CLR 492 Justice Evatt acknowledged that the administrative scheme in question was an 'interference with the contractual freedom both of employers and employees', but said that '[n]o such scheme could ever operate without affecting, to a greater or a less degree, the civil rights of employers, applicants for employment and employees' (520). In other contexts, Evatt was solicitous to protect social rights such as a person's livelihood or vocation (Kahn v Board of Examiners (Vict.) (1939) 62 CLR 422, 449; R v Mahoney; Ex parte Johnson (1931) 46 CLR 131, 147). Evatt also recognised that making this judgement in a particular instance was essentially a political question. He said:

Once it became competent for the [United States Supreme] Court to nullify legislation operating adversely to property or business interests upon the theory that such legislation is "arbitrary," "unreasonable," "capricious," or "inexpedient," the opinions of the Justices were necessarily governed by some calculus of utility which commended itself or was made available to the Judge. But such a calculus necessarily imports a standard of social and economic values, i.e., a political standard ((1940) 53 Harvard Law Review 1145 at 1148).

The Committee thus draws attention to what the Explanatory Statement states in justification:

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The Bill has been tabled in response to concern that cigarette vending machines remain a common source of tobacco products for minors, and also to accompany the Territory’s prohibition on smoking in enclosed public places. The Bill avoids administrative difficulties by ensuring that the Act commences at the same time as the tobacco retailing licensing cycle, meaning that the substantive provisions commence at the same time as the 2005-06 tobacco licences.

The Committee draws these matters to the attention of the Assembly. SUBORDINATE LEGISLATION Subordinate Legislation – No Comment The Committee has examined the following items of subordinate legislation and offers no comment on them:

Disallowable Instrument DI2004-102 being the Gungahlin Drive Extension Authorisation to grant licence (for the Nature Conservation Act 1980, section 24) 2004 (No. 2) made under sub-section 9(2) of the Gungahlin Drive Extension Authorisation Act 2004 grants a licence to allows the contractor to interfere with the nest of a native animal as part of the construction of the Gungahlin Drive extension.

Disallowable Instrument DI2004-103 being the Gungahlin Drive Extension Authorisation to grant licence (for the Nature Conservation Act 1980, sections 26 and 39) 2004 (No. 2) made under sub-section 9(2) of the Gungahlin Drive Extension Authorisation Act 2004 grants a licence to allow the contractor to take and release a native animal as part of the construction of the Gungahlin Drive extension.

Disallowable Instrument DI2004-104 being the Gungahlin Drive Extension Authorisation to grant an authority (for the Nature Conservation Act 1980, section 43 (5) (b)) 2004 (No. 2) made under sub-section 9(2) of the Gungahlin Drive Extension Authorisation Act 2004 authorises the contractor to fell, remove or damage native timber as part of the construction of the Gungahlin Drive extension.

Disallowable Instrument DI2004-105 being the Gungahlin Drive Extension Authorisation to grant a licence (for the Nature Conservation Act 1980, section 42) 2004 (No. 2) made under sub-section 9(2) of the Gungahlin Drive Extension Authorisation Act 2004 grants a licence to the contractor to take a plant as part of the construction of the Gungahlin Drive extension.

Subordinate Law SL2004-17 being the Gene Technology Regulations 2004 made under the Gene Technology Act 2003 will determine the way the legislation operates on a day-to-day basis and form part of the national framework for the regulation of gene technology.

15


Subordinate Law SL2004-18 being the Magistrates Court (Dangerous Substances Infringement Notices) Regulations 2004 made under the Magistrates Court Act 1930 will enable infringements notices to be issued for certain offences contained in the Dangerous Substances Act and associated regulations.

Subordinate Law SL2004-19 being the Leases (Commercial and Retail) Amendment Regulations 2004 (No 1) made under the Leases (Commercial and Retail) Act 2001 amends the requirements for an exemption from the Act under Regulation 4(h) of the Leases (Commercial and Retail) Regulations. Subordinate Legislation – Comment The Committee has examined the following items of subordinate legislation and offers these comments on them: Incorrect references contained in explanatory statement Subordinate Law SL2004-20 being the Road Transport (Offences) Amendment Regulations 2004 (No 1) made under the Road Transport (General) Act 1999 changes the infringement penalty amounts for the majority of offences for which an infringement notice may be issued under the Road Transport (Offences) Regulations. The Committee notes, on page 2 of the explanatory statement, the following references to Parts of Schedule 1 of the Regulations: Part 1.13 – Road Transport (Safety and Traffic Management) Act 1999 Part 1.14 – Road Transport (Safety and Traffic Management) Regulations 2000 Part 1.15 – Road Transport (Vehicle Registration) Act 1999 Part 1.16 – Road Transport (Vehicle Registration) Regulations 2000 A check of the Act on the Legislation Register indicates that the references should be: Part 1.12 – Road Transport (Safety and Traffic Management) Act 1999 Part 1.13 – Road Transport (Safety and Traffic Management) Regulations 2000 Part 1.14 – Road Transport (Vehicle Registration) Act 1999 Part 1.15 – Road Transport (Vehicle Registration) Regulations 2000 as indicated in the Act itself.

16


Minor drafting error Subordinate Law SL2004-22 being the Tertiary Accreditation and Registration Regulations 2004 made under the Tertiary Accreditation and Registration Act 2003 grant a delegation to accredit vocational education and training courses to the Canberra Institute of Technology. The Committee notes that whilst the explanatory statement shows the correct title of the instrument, it does not specify the number of the instrument. It assists both the public and Members when tracking legislation to know exactly which instrument an explanatory statement refers to. Regulation-making power? Retrospectivity Subordinate Law SL2004-21 being the Australian Crime Commission (ACT) Regulations 2004 made under the Australian Crime Commission (ACT) Act 2003 prescribe the manner of serving a summons, the form of a warrant for apprehension and the form of a search warrant as required by the Act. The Committee notes that the explanatory statement states that section 27 of the Act allows the Minister, by regulation, to prescribe the form of a warrant to apprehend a person and section 32 the form of a search warrant. However, the Committee cannot find any references in sections 27 or 32 that allow the Minister to make any such regulations and, therefore, seeks confirmation as to where, in the above sections, such power is given to the Minister. The Committee also notes that the regulation-making power in section 26 of the Act is given to the Executive, not an individual Minister. Regulation 2 (Commencement) states that the regulations commence on the commencement of section 53 of the Act. A check of the Legislation History of the Act on the Legislation Register shows that section 53 commenced on 17 June 2004, whereas the Regulations were not notified until 22 June 2004. What is the effect of the period from the instrument taking effect until notification? The effect of the period between this instrument taking effect and its notification on the Legislation Register needs to be considered. The possible effect of section 76 of the Legislation Act 2001 appears to be of particular relevance to this instrument. It provides as follows: “76 Non–prejudicial provision may commence retrospectively (SLA s 7) (1) A statutory instrument may provide that a non-prejudicial provision of the

instrument commences retrospectively.

17


(2) This section applies to a non-prejudicial provision of a statutory instrument

only if the instrument clearly indicates that the provision is to commence retrospectively. Example the instrument provides that a non-prejudicial provision is ‘taken to have commenced’ at an earlier date or time Note An example is part of the Act, is not exhaustive and may extend, but does not limit,

the meaning of the provision in which it appears (see s 126 and s 132).

(3) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement.

(4) In this section: non-prejudicial provision means a provision that does not operate to the disadvantage of a person (other than the Territory or a Territory authority or instrumentality) by—

(a) adversely affecting the person’s rights; or (b) imposing liabilities on the person.”.

Confirmation is sought that no person’s rights have been prejudicially affected, nor any liabilities imposed on any person (other than the Territory or a Territory Authority), during the relevant period of retrospectivity.

INTERSTATE AGREEMENTS The Committee has not been advised of any negotiations in respect of an Interstate Agreement, and, over the course of the Fifth Assembly, it has only rarely been so advised. Without being aware of any instance where it should have been advised, the Committee has a concern relevant Ministers have not been consulting with the Committee as they are required to do under section 7 of the Administration (Interstate Agreements) Act 1997.

REGULATORY IMPACT STATEMENTS Over the course of the Fifth Assembly, the Committee has not noticed that any subordinate laws or disallowable instruments have been accompanied by a Regulatory Impact Statement. It draws attention to part 5.2 of the Legislation Act 2001, which, in relation to proposed subordinate laws or disallowable instruments which are “likely to impose appreciable costs on the community, or part of the community”, there must be prepared a regulatory impact statement. Without being aware of any instance where part 5.2 has not been observed, the Committee has a concern that relevant Ministers may not be aware of their obligations under part 5.2 of the Act. The Committee takes this opportunity to remind the Executive of its obligations under part 5.2.

18


GOVERNMENT RESPONSES The Committee has received responses from: • The Attorney-General, dated 28 June 2004, in relation to comments made in

Scrutiny Report 48 regarding Disallowable Instrument DI2004-42 being the Rehabilitation of Offenders (Interim) (Sentence Administration Board Acting Chairperson) Appointment 2004 (No 1).

• The Treasurer, dated 29 June 2004, in relation to comments made in Scrutiny Report 52 regarding the Revenue Legislation Amendment Bill 2004 (No 2).

• The Acting Minister for Health, dated 5 July 2004, in relation to comments made in Scrutiny Report 49 regarding Disallowable Instrument DI2004-49 being the Blood Donation (Transmittable Diseases) Donor Form 2004.

The Committee thanks the, the Attorney-General, the Treasurer and the Acting Minister for Health for their helpful responses. Bill Stefaniak MLA Chair July 2004

1


LEGAL AFFAIRS – STANDING COMMITTEE (PERFORMING THE DUTIES OF A SCRUTINY OF BILLS AND

SUBORDINATE LEGISLATION COMMITTEE)

RESPONSES

___________________________________________________________________________

Bills/Subordinate Legislation Responses received – Scrutiny Report No. ___________________________________________________________________________

REPORTS – 2001-2004 Report No. 1, dated 12 December 2001 Nil Report No. 2, dated 19 February 2002 Crimes Amendment Bill 2001 (No. 2) (PMB)

Act citation: Crimes Amendment Act 2002 (Passed 5.3.02)……….. No. 5 Crimes (Abolition of Offence of Abortion) Bill 2001 (PMB)……….. Health Regulation (Maternal Health Information) Repeal Bill 2001

(PMB)……………………………………………………………… Land (Planning and Environment) Legislation Amendment Bill 2001

(PMB)……………………………………………………………… Supreme Court Amendment Bill 2001 (No. 2) (PMB)……………….. Subordinate Law No 40 –Building Regulations Amendment…………. No. 8 Subordinate Law No 41 – Building and Construction Industry

Training Levy Regulations 2001…………………………………… Subordinate Law No 42 – Crimes Regulations 2001………………….. Subordinate Law No 43 – Dangerous Goods Regulations Amendment Subordinate Law No 44 – Road Transport (Driver Licensing)

Regulations Amendment…………………………………………… No. 8 Subordinate Law No 45 – Road Transport (Public Passenger

Services Regulations 2002…………………………………………. No. 8 Subordinate Law No 46 – Road Transport Amendment Regulations

2001………………………………………………………………… Subordinate Law No 47 – Maternal Health Information Regulations

Repeal 2001………………………………………………………… No. 10 Health Professions Board (Procedures) Act – Determination No 221 of 2001…………………………………….. No. 10

2 ____________________________________________________________________________ Bills/Subordinate Legislation Responses received – Scrutiny Report No. ____________________________________________________________________________


Health Professions Board (Procedures) Act – Determination Nos. 216-220, 222, 225 to 237 of 2001……………. No. 10 Independent Pricing and Regulatory Commission Act -

Determination No. 291 of 2001……………………………………. No. 8 Legislative Assembly (Members’ Staff) Act -

Determination No. 292 of 2001……………………………………. No. 23 Residential Tenancies Act – Determination Nos. 301 to 304 of 2001… Rehabilitation of Offenders (Interim) Act 2001 -

Determination No. 305 of 2001……………………………………. Commissioner for the Environment Act -

Determination No. 315 of 2001……………………………………. No. 8 Psychologists Act - Determination No. 318 of 2001………………….. No. 10 Auditor-General Act – Determination No. 323 of 2001………………. Drugs of Dependence Act – Determination No. 328 of 2001………… No. 10 National Exhibition Centre Trust Act - Determination Nos. 330 and

331 of 2001…………………………………………………………. No. 8 Appointment to the Racing Tribunal………………………………….. No. 8 Report No. 3, dated 21 February 2002 Rehabilitation of Offenders (Interim) Amendment Bill 2002

(Passed 21.2.02)…………………………………………………… Report No. 4, dated 5 March 2002 Inquiries Amendment Bill 2002 (PMB)………………………………. Gene Technology Bill 2002 (Passed 27.11.03) ……………………… No. 12 Legislation Amendment Bill 2002 (Passed 15.4.02)…………………. No. 9 Subordinate Law No 49 – Road Transport (Offences)

Regulations 2001…………………………………………………… No. 8 Road Transport (Safety and Traffic Management) Regulations 2000 –

Disallowable Instrument No 4…………………………………….. No. 8 Road Transport (Driver Licensing) Regulations 2000 –

Disallowable Instrument No 7…………………………………….. No. 8 Health and Community Care Services Act – Determinations

Nos 5 and 15………………………………………………………. Report No. 5, dated 5 March 2002 Nil



Report No. 6, dated 7 March 2002 Nil Report No. 7, dated 27 March 2002 Drugs of Dependence Amendment Bill 2002 (Passed 14.5.02)………. No. 10 Duties Amendment Bill 2002 (Passed 11.4.02)………………………. No. 8 Fair Trading Amendment Bill 2002 (PMB) (Passed 29.08.02)………. Subordinate Law 2002 No 1 – Radiation Regulations 2002………….. No. 10 Report No. 8, dated 1 May 2002 Discrimination Amendment Bill 2002 (PMB) (Passed 5.6.02)……… Gaming Machine (Women’s Sports) Amendment Bill 2002

(Passed 4.6.02)…………………………………………….………. No. 10 Subordinate Law No. 3 – Road Transport (Public Passenger

Services) Regulations 2002………………………………………… No. 15 Subordinate Law No. 4 – Community Title Regulations 2002……….. No. 15 Road Transport (Public Passenger Services) Regulations 2002 –

Disallowable Instruments Nos 12 and 18………………………….. No. 15 Road Transport (General) Act – Disallowable Instrument No. 20……. No. 15 Public Place Names Act – Disallowable Instrument No. 24………….. No. 15 (No. 32) Report No. 9, dated 7 May 2002 Nil Report No. 10, dated 14 May 2002 Building Amendment Bill 2002 (Passed 16.5.02)……………………. No. 16 Report No. 11, dated 14 May 2002 Nil Report No. 12, dated 16 May 2002 Justices of the Peace Act – Disallowable Instrument No. 25…………. Residential Tenancies Act – Disallowable Instrument No. 26…………



Report No. 13, dated 29 May 2002 Cemeteries and Crematoria Bill 2002…………………………………. No. 15 Duties (Insurance Exemptions) Amendment Bill 2002……………….. No. 15 Road Transport Legislation Amendment Bill 2002…………………… No. 16 Report No. 14, dated 4 June 2002 Statute Law Amendment Bill 2002 (Passed 29.08.02)………………… No. 15 Report No. 15, dated 20 June 2002 Workers Compensation (Acts of Terrorism) Amendment Bill 2002…. No. 17 Remuneration Tribunal Act – Disallowable Instrument No. 34………. No. 23 Hotel School Act – Disallowable Instrument No. 35…………………. No. 18 Road Transport Act – Disallowable Instrument No. 39………………. No. 17 Commissioner for the Environment Act No. 38………………………. No. 17 Report No. 16, dated 25 June 2002 Maternal Health Legislation Amendment Bill 2002 (PMB)…………. Medical Practitioners (Maternal Health) Amendment Bill 2002 (Passed 21.08.02) (PMB)………………………………………… Health and Community Care Services Act –

Disallowable Instrument No. 41…………………………………… No. 19 Public Place Names Act –

Disallowable Instrument No. 43…………………………………… No. 17 Disallowable Instrument No. 44…………………………………… No. 17 Building Act – Disallowable Instrument No. 50……………………… No. 17 Report No. 17, dated 9August 2002 Justice and Community Safety Legislation Amendment Bill 2002 (Passed 22.08.02)…………………………………………………. Magistrates Court (Refund of Fees) Amendment Bill 2002 (Passed 25.09.02)…………………………………………………………… Planning and Land Bill 2002 (Passed 12.12.02)………………………. No. 20 Plant Diseases Bill 2002 (Passed 12.11.02)………………………….. No. 18 Revenue Legislation Amendment Bill 2002 (Passed 22.08.02) ……… No. 18



Subordinate Law 2002 No. 11 – Custodial Escorts Regulations 2002... Land (Planning and Environment) ACT Heritage Council Appointments 2002 (No 1) - DI 2002—56……………….. No. 20 Roads and Public Places (Fees) Revocation and Determination 2002 (No 1) - DI 2002—71………………………………………… No. 19 Roads and Public Places (Fees) Revocation and Determination 2002 (No 2) - DI 2002—72………………………………………… No. 19 Roads Transport (General) (Fees) Revocation and Determination 2002 – DI2002—73………………………………………………… No. 19 Hawker (Fees) Revocation and Determination 2002 – DI2002—74…. No. 19 Roads and Public Places (Fees) Revocation and Determination 2002 (No 3) – DI2002-75………………………………………………… No. 19 Water Resources (Fees) Revocation and Determination 2002 – DI2002-76………………………………………………………….. No. 19 Stock (Fees) Revocation and Determination 2002 (No 1) – DI2002-77 No. 19 Stock (Fees) Revocation and Determination 2002 (No 2) – DI2002-78 No. 19 Pounds (Fees) Revocation and Determination 2002 – DI2002-79……. No. 19 Nature Conservation (Fees) Revocation and Determination 2002 – DI2002-80………………………………………………………….. No. 19 Lakes (Fees) Revocation and Determination 2002 – DI2002-81……… No. 19 Environment Protection (Fees) Revocation and Determination 2002 – DI2002-82………………………………………………………….. No. 19 Domestic Animals (Fees) Revocation and Determination 2002 – DI2002-83………………………………………………………….. No. 19 Animal Welfare (Fees) Revocation and Determination 2002 – DI2002-84………………………………………………………….. No. 19 Animal Diseases (Fees) Revocation and Determination 2002 – DI2002-85………………………………………………………….. No. 19 Road Transport (General) (Parking Permit Fees) Revocation and Determination 2002 – DI2002-86………………………………….. No. 19 Road Transport (General) (Vehicle Impounding and Seizure/Speed Tests) Revocation and Determination 2002 – DI2002-89…………. No. 19 Report No. 18, dated 27August 2002 Cooperatives Bill 2002…(Passed 19.11.02)………………………… No 22 Report No. 19, dated 20 September 2002 Adventure Activities (Liability) Bill 2002 (PMB) ............................... Civil Law (Wrongs) Bill 2002 (Passed 26.09.02) ............................... No. 20



Injuries Compensation Framework Bill 2002 (PMB) .......................... Prostitution Amendment Bill 2002 (Passed 24.09.02) ......................... Disallowable Instrument DI 2002—99 being the Machinery (Fees) Revocation and Determination 2002 ................................... Disallowable Instrument DI 2002—102 being the Architects (Fees) Revocation and Determination 2002 .................................. No. 22 Disallowable Instrument DI 2002—103 being the Building (Fees) Revocation 2002 ................................................................. No. 22 Disallowable Instrument DI 2002—104 being the Building (Fees) Determination 2002 ............................................................ No. 22 Disallowable Instrument DI 2002—105 being the Community Title (Fees) Determination and Revocation 2002 .......................... No. 22 Disallowable Instrument DI 2002—106 being the Construction Practitioners Registration (Fees) Determination and Revocation 2002 ............................................................................ No. 22 Disallowable Instrument DI 2002—109 being the Water and Sewerage (Fees) Revocation 2002 ................................................. No. 22 Disallowable Instrument DI 2002—110 being the Water and Sewerage (Fees) Determination 2002 ...................................... No. 22 Disallowable Instrument DI 2002—111 being the Land (Planning and Environment) (Fees) Revocation 2002 ................... No. 22 Disallowable Instrument DI 2002—112 being the Land (Planning and Environment) (Fees) Determination 2002 .............. No. 22 Disallowable Instrument DI 2002—113 being the Surveyors (Fees) Revocation 2002 ................................................................. No. 22 Disallowable Instrument DI 2002—114 being the Surveyors (Fees) Determination 2002 ............................................................ No. 22 Disallowable Instrument DI 2002—115 being the Unit Titles (Fees) Revocation 2002 ................................................................. No. 22 Disallowable Instrument DI 2002—116 being the Unit Titles (Fees) Determination 2002 ............................................................ No. 22 Disallowable Instrument DI 2002—120 being the Plumbers, Drainers and Gasfitters Board (Fees) Revocation and Determination 2002 ....................................................................... Disallowable Instrument DI 2002—128 being the Scaffolding and Lifts (Fees) Revocation and Determination 2002 ................... Disallowable Instrument DI 2002—129 being the Occupational Health and Safety (Fees) Revocation and Determination 2002 ..... Disallowable Instrument DI 2002—130 being the Workers’ Compensation (Fees) Revocation and Determination 2002 ..........



Disallowable Instrument DI 2002—131 being the Dangerous Goods (Fees) Revocation and Determination 2002 ....................... Disallowable Instrument DI2002—107 being the Electricity (Fees) Revocation 2002 ................................................................. No. 22 Disallowable Instrument DI2002—108 being the Electricity (Fees) Determination 2002 ............................................................ No. 22 Disallowable Instrument DI2002—144 being the Cultural Facilities Corporation Appointment 2002 ..................................... No. 32 Disallowable Instrument DI 2002—137 being the Agents Act 1968 – Board Appointments 2002 (No. 1) .............................. Disallowable Instrument DI 2002—138 being the Agents Act 1968 – Board Appointments 2002 (No. 2) .............................. Disallowable Instrument DI2002—142 being the Gungahlin Development Authority Appointment 2002 (No 1) ....................... No. 22 Disallowable Instrument DI2002—140 being the Waste Minimisation (Fees) Revocation and Determination 2002 ............ No. 32 Report No 20, dated 11 November 2002 Civil Law (Wrongs) Amendment Bill 2002 (Passed 4.03.03) ............. Criminal Code 2002 (Passed 10.12.02)................................................ No. 22 Planning and Land Bill 2002 (Further response).................................. No. 22 Disallowable Instrument DI2002—161 being the Community and Health Services Complaints – Community and Health Rights Advisory Council – Appointment 2002 (No 1) ............................. No. 24 Disallowable Instrument DI2002—167 being the Nurses Board Appointments 2002 (No 1) ............................................................ No. 24 Disallowable Instrument DI2002—168 being the Physiotherapists Board of the ACT Appointments 2002 (No 1) .... No. 24 Report No 21, dated 19 November 2002 Administrative Appeals Tribunal Amendment Bill 2002..................... No. 23 Building (Water Efficiency) Amendment Bill 2002 (PMB) ................ Disallowable Instrument DI2002-174 being the Health Professions Boards (Procedures) – Medical Board of the ACT Appointments 2002 (No 1) .................................................................................... Disallowable Instrument DI2002-188 being the Health Professions Boards (Procedures) – Medical Board of the ACT Appointments 2002 (No 2) .....................................................................................



Disallowable Instrument DI2002-175 being the Health Professions Boards (Procedures) Optometrist Board Appointments 2002 (No 1) ..................................................................................... Disallowable Instrument DI2002-176 being the Health Professions Boards (Procedures) – Veterinary Surgeons Board Appointments 2002 (No 1) ..................................................................................... Disallowable Instrument DI2002-183 being the Justices of the Peace – Appointment of Justices of the Peace 2002 ................................... Report No 22, dated 21 November 2002 Civil Law (Wrongs) Amendment Bill 2002 (No 2) (PMB) ................. Crimes Amendment Bill 2002 (PMB).................................................. Revenue Legislation Amendment Bill 2002 (No 2) (Passed 10.12.02) No. 23 Disallowable Instrument DI2002-174 being the Health Professions Boards (Procedures) – Medical Board of the ACT Appointments 2002 (No 1) ............................................................. No. 24 Disallowable Instrument DI2002-175 being the Health Professions Boards (Procedures) Optometrist Board Appointments 2002 (No 1) ..................................................................................... No. 24 Disallowable Instrument DI2002-176 being the Health Professions Boards (Procedures) Veterinary Surgeons Board Appointments 2002 (No 1) ..................................................................................... No. 24 Disallowable Instrument DI2002-183 being the Justices of the Peace – Appointment of Justices of the Peace 2002....................... Disallowable Instrument DI2002-188 being the Health Professions Boards (Procedures) – Medical Board of the ACT Appointments 2002 (No 2) ............................................................. No. 24 Report No 23, dated 6 December 2002 Discrimination Amendment Bill 2002 (No 2) (Passed 13.03.03) ........ Health and Community Care Services (Repeal and Consequential Amendments) Bill 2002 (Passed 10.12.02).................................... Litter Amendment Bill 2002 (PMB) .................................................... Report No 24, dated 28 January 2003 ACTION Authority Amendment Bill 2002 (Passed 18.2.03) .............. Taxation (Government Business Enterprises) Bill 2002 (Passed 11.03.03) ........................................................................... No 27



Community Based Sentences (Transfer) Bill 2002 (Passed 20.2.03) .. Cemeteries and Crematoria Bill 2002 (No 2) (Passed 6.03.03) .......... No 32 Hawkers Bill 2002 (Passed 6.03.03) .................................................... No 32 Security Industry Bill 2002 (Passed 20.2.03)....................................... Report No 25, dated February 2003 Confiscation of Criminal Assets Bill 2002 (Passed 4.3.02) ................. No 26 Crimes (Industrial Manslaughter) Amendment Bill 2002 (Passed 27.11.03) ........................................................................... Disallowable Instrument DI2002-193 being the Supervised Drug Injection Trial Advisory Committee Appointments 2002 (No 1)... No 32 Disallowable Instrument DI2002-194 being the Residential Tenancies - Tribunal Selections 2002 .............................................................. Disallowable Instrument DI2002-195 being the Road Transport (General) – Declaration that the road transport legislation does not apply to certain roads and road related areas 2002 (No 7) ....... No 32 Disallowable Instrument DI2002-197 being the Domestic Violence Prevention Council Appointments 2002-2004................................ Report No 26, dated 27 February 2003 Consumer and Trader Tribunal Bill 2003 (Passed 1.04.03)................. Land (Planning and Environment) (Compliance) Amendment Bill 2003................................................................................................. Subordinate Law SL2003-1 being the Urban Services (Application of Criminal Code) Amendment Regulations 2002 ......................... No 32 Disallowable Instrument DI2002-207 being the Gambling and Racing Commission – Appointments 2002 (No 1)......................... No 30 Disallowable Instrument DI2002-212 being the National Exhibition Centre Trust Appointment 2002 (No 2).......................................... No 30 Subordinate Law SL2002-37 being the Trade Measurement (Miscellaneous) Amendment Regulations 2002 ............................ Disallowable Instrument DI2002-219 being the Health Professions Boards (Procedures) – Nurses Board of the ACT Appointments 2002 (No 2) .................................................................................... No 32 Disallowable Instrument DI2002-220 being the Water Restriction Scheme Approval 2002 (No 2) ...................................................... No 32 Disallowable Instrument DI2002-223 being the Occupational Health and Safety Council – Appointment 2002 (No 3) ............................ No 30



Disallowable Instrument DI2002-224 being the Occupational Health and Safety Council – Appointment 2002 (No 2) ............................ No 30 Disallowable Instrument DI2002-225 being the Occupational Health and Safety Council – Appointment 2002 (No 2) ............................ No 30 Disallowable Instrument DI2002-232 being the Road Transport (General) Revocation of Declaration for Traffic Marshals 2002.... No 32 Disallowable Instrument DI2003-3 being the Hotel School Appointment 2003 (No 1)............................................................... No 30 Disallowable Instrument DI2003-5 being the Tree Protection (Interim Scheme) Determination of Criteria 2002.......................... No 32 Report No 27, dated 11 March 2003 Bushfire Inquiry (Protection of Statements) Bill 2003 (PMB) (Passed 12.03.03) ........................................................................... Bushfire Reconstruction Authority Bill 2003 (PMB) .......................... Charitable Collections Bill 2002 (Passed 1.04.03) .............................. No 31 Disallowable Instrument DI2003-21 being the Plumbers, Drainers and Gasfitters Board Appointments 2003 (No 1) ........................... Disallowable Instrument DI2003-23 being the Occupational Health and Safety (Fees) Revocation and Determination 2003 ............... No 32 Report No 30, dated 31 March 2003 Agents Bill 2003 (Passed 6.05.003) ..................................................... Legislation (Statutory Interpretation) Amendment Bill 2003 (Passed 3.04.03) ............................................................................. Report No 31, dated 11 April 2003 Animal and Plant Diseases Amendment Bill 2003 (Passed 25.09.03). Road Transport (Public Passenger Services) Amendment Bill 2003 No 32 Sentencing Reform Amendment Bill 2003 (PMB) ............................. Tertiary Accreditation and Registration Bill 2003 (Passed 21.08.03) . Vocational Education and Training Bill 2003 (Passed 21.08.03) ........ Disallowable Instrument DI2003-26 being the Public Trustee – Appointments to the Public Trustee Investment Board 2003 (No 1) ..................................................................................... No. 37 Disallowable Instrument DI2003-27 being the Utilities (Dam Safety Code) Variation Determination 2003 ............................................. No 32



Report No 32, dated 15 May 2003 Bushfire Reconstruction Levy Bill 2003 .............................................. No 34 Long Service Leave (Private Sector) Bill 2003 (PMB)........................ Nurses Amendment Bill 2003............................................................... No 34 Report No 33, dated 5 June 2003 Electoral Amendment Bill 2003 (Passed 14.5.04) (Act citation: Electoral Amendment Act 2004) .................................................... Gaming Machine (Political Donations) Amendment Bill 2003 ........... Report No 34, dated 24 June 2003 Bushfire Inquiry (Protection of Statements) Amendment Bill 2003 (No 2) ............................................................................................. Firearms (Prohibited Pistols) Amendment Bill 2003 ........................... Disallowable Instrument DI2003-52 being the Tree Protection (Interim Scheme) Instrument of Appointment 2003....................... Disallowable Instrument DI2003-57 being the Scaffolding and Lifts (Fees) (Bushfire Emergency) Determination 2003........................ No 39 Disallowable Instrument DI2003-58 being the Dangerous Goods (Fees) (Bushfire Emergency) Determination 2003........................ No 39 Disallowable Instrument DI2003-59 being the Territory Records Advisory Council Appointments 2003 (No 1)................................ No 35 Disallowable Instrument DI2003-60 being the Stadiums Authority Board Appointments 2003 (No 1).................................................. Disallowable Instrument DI2003-61 being the Stadiums Authority Board Appointments 2003 (No 2) .................................................. Disallowable Instrument DI2003-62 being the Stadiums Authority Board Appointments 2003 (No 3) ................................................. Disallowable Instrument DI2003-65 being the Victims of Crime – Appointment of Victims of Crime Coordinator 2003..................... No 36 Disallowable Instrument DI2003-74 being the Race and Sports Bookmaking (Sports Bookmaking Venues) Determination 2003 (No 1) ..................................................................................... No 35 Disallowable Instrument DI2003-81 being the Victims of Crime Appointment to Victims Assistance Board 2003 (No 1) ..... No. 36 Disallowable Instrument DI2003-84 being the Land (Planning and Environment) ACT Heritage Council Appointments 2003 (No 1). No 35



Disallowable Instrument DI2003-112 being the Cultural Facilities Corporation Act 1997 Appointment to Cultural Facilities Corporation Board 2003 (No 1) ........................ No 35 Report No 35, dated 22 July 2003 Bail (Serious Offences) Amendment Bill 2003 ................................... Civil Law (Sale of Residential Property) Bill 2003 (Passed 28.08.03 . No 38 Civil Law (Wrongs) Amendment Bill 2003 (Passed 21.08.03) ........... Smoking (Prohibition in Enclosed Public Places) Bill 2003 (Passed 19.11.03) Disallowable Instrument DI2003-122 being the Planning and Land Council Appointments 2003 (No 1) Disallowable Instrument DI2003-123 being the Planning and Land Council Appointments 2003 (No 2)............................................... Disallowable Instrument DI2003-124 being the Planning and Land Council Appointments 2003 (No 3)............................................... Disallowable Instrument DI2003-125 being the Planning and Land Council Appointments 2003 (No 4)............................................... Disallowable Instrument DI2003-126 being the Planning and Land Council Appointments 2003 (No 5)............................................... Disallowable Instrument DI2003-127 being the Planning and Land Council Appointments 2003 (No 6)............................................... Disallowable Instrument DI2003-128 being the Planning and Land Council Appointments 2003 (No 7)............................................... Disallowable Instrument DI2003-129 being the Land Agency Board Appointments 2003 (No 1) Disallowable Instrument DI2003-130 being the Land Agency Board Appointments 2003 (No 2) ............................................................ Disallowable Instrument DI2003-131 being the Land Agency Board Appointments 2003 (No 3) ............................................................ Disallowable Instrument DI2003-132 being the Land Agency Board Appointments 2003 (No 4) ............................................................ Disallowable Instrument DI2003-133 being the Land Agency Board Appointments 2003 (No 5) ............................................................ Disallowable Instrument DI2003-135 being the Planning and Land Council Appointments 2003 (No 8)............................................... No 37 Disallowable Instrument DI2003-136 being the Planning and Land Council Appointments 2003 (No 9)............................................... No. 37 Disallowable Instrument DI2003-137 being the Planning and Land



Council Appointments 2003 (No 10)............................................. No. 37 Disallowable Instrument DI2003-138 being the Planning and Land Council Appointments 2003 (No 11)............................................. No. 37 Disallowable Instrument DI2003-139 being the Planning and Land Council Appointments 2003 (No 12)............................................. No. 37 Disallowable Instrument DI2003-140 being the Planning and Land Council Appointments 2003 (No 13)............................................. No. 37 Disallowable Instrument DI2003-141 being the Planning and Land Council Appointments 2003 (No 14)............................................. No. 37 Disallowable Instrument DI2003-142 being the Land Agency Board Appointments 2003 (No 6) ............................................................ No. 37 Disallowable Instrument DI2003-143 being the Land Agency Board Appointments 2003 (No 7) ............................................................ No. 37 Disallowable Instrument DI2003-144 being the Land Agency Board Appointments 2003 (No 8) ............................................................ No. 37 Disallowable Instrument DI2003-145 being the Land Agency Board Appointments 2003 (No 9) ............................................................ No. 37 Disallowable Instrument DI2003-146 being the Land Agency Board Appointments 2003 (No 10) .......................................................... No 37 Report No 36, dated August 2003 Evidence (Miscellaneous Provisions) Amendment Bill 2003 (Passed 23.10.03) .......................................................................... No 38 Report No 37, dated 2 September 2003 Dangerous Goods Legislation Amendment Bill 2003 ......................... Inquiries Amendment Bill 2003........................................................... No 38 Royal Commissions Amendment Bill 2003 (Passed 25.11.03) .......... Victims of Crime (Financial Assistance) Amendment Bill 2003 ........ Report No 38, dated 14 October 2003 Crimes Amendment Bill 2003 Workers Compensation Amendment Bill 2003 (No 2) (Passed 18.11.03) ....................................... No 39 Disallowable instrument DI2003-94 being the Psychologists – Determination of Fees 2003 (No 1). ............................................. No 43 Disallowable instrument DI2003-147 being the Utilities (Consumer Protection Code) 2003 (No 1). ................................... No 39



Disallowable instrument DI2003-148 being the Road Transport (General) Declaration that the road transport legislation does not apply to certain roads and road related areas 2003 (No 5). .... No 41 Disallowable instrument DI2003-156 being the Unit titles (Fees) Determination 2003. ..................................................................... No 42 Disallowable instrument DI2003-157 being the Surveyors (Fees) Determination 2003. ..................................................................... No 42 Disallowable instrument DI2003-163 being the Architects (Fees) Revocation and Determination 2003. ................................ No 42 Disallowable instrument DI2003-168 being the Stadiums Authority Board - Appointment 2003 (No 4)................................................ No 39 Disallowable instrument DI2003-179 being the Adoption (Fees) Determination 2003. ..................................................................... No 46 Disallowable instrument DI2003-181 being the Vocational Education and Training (Fees) Determination 2003..................... No 46 Disallowable Instrument DI2003-183 being the Arrangements for the Employment of Staff and the Engagement of Consultants and Contractors by Members 2003 ....................................... No 39 Disallowable instrument DI2003-187 being the Health Professions Boards (Procedures) – Medical Board Appointments 2003 (No 1). No 43 Disallowable instrument DI2003-190 being the Building and Construction Industry Training Fund Board Appointments 2003. No 46 Disallowable instrument DI2003-191 being the National Exhibition Centre Trust Appointment 2003 (No 1). ..................... No 39 Disallowable instrument DI2003-242 being the Justices of the Peace – Appointment of Justices of the Peace 2003 (No 1). ........ No 42 Disallowable instrument DI2003-244 being the Domestic Violence Prevention Council Appointments 2003-2004.............................. No 43 Disallowable instrument DI2003-252 being the Land (Planning and Environment) Exemption 2003. ............................ No 42 Disallowable instrument DI2003-254 being the Land (Planning and Environment) Determination of Matters to be taken into Consideration – Grant of a Further Rural Lease (No 2) – 2003. ............................................................................... No 42 Disallowable Instrument DI2003-261 being the Firearms (Fees) Determination 2003 (No 1). .......................................................... No 43 Disallowable Instrument DI2003-262 being the Hotel School Appointment 2003 (No. 3). ........................................................... No 39 Disallowable Instrument DI2003-263 being the Hotel School Appointment 2003 (No. 4). ........................................................... No 39



Disallowable Instrument DI2003-264 being the Hotel School Appointment 2003 (No. 5). ........................................................... No 39 Report No 39, dated 12 November 2003 Australian Crime Commission (ACT) Bill 2003 ................................. No 41 Littering (Littering from Motor Vehicles) Amendment Bill 2003 ...... Subordinate Law SL2003-31 being the Cemeteries and Crematoria Regulations 2003. ......................................................................... Disallowable Instrument DI2003-268 being the Cemeteries and Crematoria Code of Practice in the ACT 2003 (No. 1) ................ No 41 Disallowable Instrument DI2003-269 being the Liquor Licensing Standards Manual 2003 (No 1) ..................................................... Disallowable Instrument DI2003-270 being the Road Transport Public Passenger Services) Exemption 2003................................ Report No 40, dated 25 November 2003 Electoral Amendment Bill 2003 (No 2) (Passed 27.11.03)................

Report No 41, dated 9 December 2003 First Home Owner Grant Amendment Bill 2003 (Passed 9.12.03) .. Parentage Bill 2003 (Passed 10.2.04)................................................. No 46 Revenue Legislation Amendment Bill 2003 (No 3) Act Citation: Revenue Legislation Amendment 2003 (No 2) (Passed 9.12.03) Validation of Fees (Cemeteries) Bill 2003 (Passed 9.12.03) ............ Sexuality Discrimination Legislation Amendment Bill 2003 (Passed 10.2.04) ........................................................................... No 46 Disallowable Instrument DI2003-278 being the Road Transport (General) Exemption of Person & Vehicle from Road Transport Legislation (No 2) 2003 ................................................................ Disallowable Instrument DI2003-280 being the Road Transport (General) Exemption of Person & Vehicle from Road Transport Legislation 2003 (No 3) ................................................................ Disallowable Instrument DI2003-282 being the Road Transport (General) Exemption of Person & Vehicle from Road Transport Legislation 2003 (No 4) ................................................................ Subordinate Law SL2003-34 being the Road Transport (Driver



Licensing) Amendment Regulations 2003 (No 1). ....................... Subordinate Law SL2003-35 being the Land (Planning and Environment) Amendment Regulations 2003 (No 1)......................... No 43 Disallowable Instrument DI2003-296 being the Liquor Licensing Board Appointment 2003 (No 1) .................................................. Disallowable Instrument DI2003-279 being the Supervised Injecting Place Trial Advisory Committee Appointments 2003 (No 1) ...... Disallowable Instrument DI2003-277 being the Attorney General (Determination of Fees and Charges for 2003/2004) Amendment 2003 (No 2) Disallowable Instrument DI2003-291 being the Public Place Names (Street Nomenclature Belconnen)................................................. No 43 Disallowable Instrument DI2003-294 being the Land (Planning and Environment) Determination of Matters to be Taken into Consideration – Grant of a Further Rural Lease (No 2) 2003 Amendment Determination (No 1) ............................................... No 43 Report No 42, dated 15 January 2004 Human Rights Bill 2003 (Passed 10.03.04) ...................................... No. 45 Disallowable Instrument DI2003-311 being the University of .......... Canberra Council Appointment 2003 (No 1)................................ No. 45 Disallowable Instrument DI2003-312 being the University of Canberra Council Appointment 2003 (No 2)................................ No. 45 Disallowable Instrument DI2003-313 being the Health – Determination of Interest Charge 2003-04 (No 1)........................ No 46 Report No 43, dated 10 February 2004 Building Bill 2003 – Act citation: Education Bill 2004 (Passed 11.03.04) ......................................................................... No. 44 Construction Occupations (Licensing) Bill 2003 (Passed 11.03.04) No. 44 Dangerous Substances Bill 2003 (Passed 4.03.04) ........................... No 46 Report No 44, dated 24 February 2004 Bail Amendment Bill (Passed 11.03.04) ........................................... No 46 Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Bill 2003 (Passed 11.03.04).................................... Education Bill 2003 (Passed 30.03.04) ............................................. No 50 Gaming Machine Amendment Bill 2004 (Passed 3.03.04 a.m.) ...... No 46



Justice and Community Safety Legislation Amendment Bill 2003 (No 2) – Act citation: Justice and Community Safety ........ No 47 Legislation Amendment Bill 2004 (Passed 30.3.04).................... Disallowable Instrument DI2004-1 being the Government Procurement Appointment 2004 (No 1) ....................................... No 46 Disallowable Instrument DI2003-322 being the Cemeteries and Crematoria (Appointments) 2003 (No 1)...................................... No 49 Disallowable Instrument DI2003-326 being the National Exhibition Centre Trust Appointment 2003 (No 2)........................................ No 46 Disallowable Instrument DI2003-332 being the Independent Competition and Regulatory Commission (Water Abstraction Charge) Declaration 2003 (No 1) ................................................. No 46 Disallowable Instrument DI2003-333 being the Utilities (Water Abstraction Charge) Ministerial Direction 2003 (No 1)............... No 46 Disallowable Instrument DI2004-6 being the Podiatrists (Fees) Determination 2004 (No 1) ........................................................... Disallowable Instrument DI2004-8 being the Poisons (Fees) Determination 2004 (No 1) ........................................................... Report No 45, dated 9 March 2004 Civil Law (Wrongs) (Thresholds) Amendment Bill 2003.................. Construction Occupations (Licensing) Bill 2003 (Further comment) (Passed 11.03.04) ......................................................................... No 47 Crimes Amendment Bill 2004 (No 2) (Passed 11.03.04) .................. Discrimination (Genetic Status) Amendment Bill 2003..................... Nurse Practitioners Legislation Amendment Bill 2003 ...................... No 48 Occupational Health and Safety Amendment Bill 2004..................... No 47 Disallowable Instrument DI2004-17 being the Cultural Facilities Corporation Appointment 2004 (No 1)......................................... Disallowable Instrument DI2004-18 being the Cultural Facilities Corporation Appointment 2004 (No 2)......................................... Disallowable Instrument DI2004-22 being the Smoke-free Areas (Enclosed Public Places) (Fees) Determination 2004 (No 1) ....... No 48



Report No 46, dated 24 March 2004 Architects Bill 2004 (Passed 1.4.04) .................................................. No 47 Litter Bill 2003.................................................................................... No 47 Disallowable Instrument DI2004-27 being the Public Sector Management Amendment Standard 2004 (No 1) ......................... No 47 Report No 47, dated 3 May 2004 Health Professionals Bill 2003............................................................ Environment Legislation Amendment Bill 2004 (Passed 13.5.04).... Gene Technology (GM Crop Moratorium) Bill 2004......................... No 52 Disallowable Instrument DI2004-35 being the Hotel School Appointment 2004 (No 1)............................................................. No 49 Disallowable Instrument DI2004-36 being the Hotel School Appointment 2004 (No 2)............................................................. No 49 Report No 48, dated 12 May 2004 Subordinate Law SL2004-12 being the Land (Planning and Environment) Amendment Regulations 2004 (No 1) ................... No 49 Disallowable Instrument DI2004-42 being the Rehabilitation of Offenders (Interim) (Sentence Administration Board Acting Chairperson) Appointment 2004 (No 1) ....................................... Disallowable Instrument DI2004-50 being the Hotel School Appointment 2004 (No 3)............................................................. No 50 Disallowable Instrument DI2004-62 being the Taxation Administration (Amounts payable – Home Buyer Concession.... No 50 Scheme) Determination 2004 (No 1)............................................ Disallowable Instrument DI2004-64 being the Taxation Administration (Objection Fees) Determination 2004 (No 1)...... No 50 Report No 49, dated 25 May 2004 Gungahlin Drive Extension Authorisation Bill 2004 (Passed 25.5.04) Projects of Territorial Significance Bill 2004..................................... Disallowable Instrument DI2004-53 being the Commissioner for the Environment Appointment 2004 (No 1) ....................................... Disallowable Instrument DI2004-57 being the Blood Donation (Transmittable Diseases) Donor Form 2004.................................



Report No 50, dated 15 June 2004 Crimes Legislation Amendment Bill 2004 ......................................... No 52 Emergencies Bill 2004........................................................................ No 52 Gaming Machine Bill 2004................................................................. No 52 Justice and Community Safety Legislation Amendment Bill 2004.... No 52 Report No 51, dated 23 June 2004 Pharmacy Amendment Bill 2004........................................................ Report No 52, dated 29 June 2004 Auditor-General Amendment Bill 2004 ............................................. Court Procedures Bill 2004................................................................. Crimes Amendment Bill 2004 ............................................................ Discrimination Amendment Bill 2004................................................ Heritage Bill 2004............................................................................... Mental Health (Treatment and Care) Amendment Bill 2004 ............. Revenue Legislation Amendment Bill 2004....................................... Revenue Legislation Amendment Bill 2004 (No 2) ........................... Sentencing Reform Amendment Bill 2004......................................... Tree Protection Bill 2004.................................................................... Disallowable Instrument DI2004-75 being the Commissioner for the Environment Appointment 2004 (No 2) ....................................... Disallowable Instrument DI2004-86 being the Land (Planning and Environment) (Fees) Determination 2004 (No 1)......................... Disallowable Instrument DI2004-92 being the Mental Health (Treatment and Care) Mental Health Official Visitor Appointment 2004 (No 1)............................................................. Disallowable Instrument DI2004-95 being the Land (Planning and Environment) (Fees) Determination 2004 (No 2).........................

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