Legislative Council

Tuesday 12 August 2025

Committees

Standing Committee on Uniform Legislation and Statutes Review

Tabling

Hon Dr Steve Thomas (1:19 pm): I am directed to present the 151st report of the Standing Committee on Uniform Legislation and Statutes Review titled Evidence Bill 2025.

(See paper 418.)

Hon Dr Steve Thomas: The report I have just tabled advises the house of the committee's findings and recommendations regarding the Evidence Bill 2025. The bill proposes to introduce a version of the Uniform Evidence Law in Western Australia. It draws from the current Evidence Act 1906 and the Commonwealth and New South Wales acts and contains new clauses unique to this bill.

The bill was introduced in a similar form in the previous Parliament as the Evidence Bill 2024. The committee reported on the Evidence Bill 2024 in its 150th report. It found the most significant impact the bill would have on the Western Australian Parliament's sovereignty would be due to its extended application provided by clauses 3 and 15. Those clauses sought to apply certain provisions to parliamentary proceedings. The committee recommended statutory form amendments to address that issue. The Evidence Bill 2024 lapsed when the Legislative Council was prorogued prior to the 2025 state election.

The Evidence Bill 2025 is slightly different from the Evidence Bill 2024. It has been drafted in accordance with the committee's recommendations to address the issue of the application of the bill to parliamentary proceedings. The bill will impact the Western Australian Parliament's sovereignty and lawmaking powers in the following ways. The commencement clause provides that most of the bill will come into operation on a day fixed by proclamation. The bill contains two Henry VIII clauses and two clauses with the potential to have a Henry VIII effect—a review clause that would be triggered by its own commencement. The bill contains transitional regulation-making powers. The committee made nine findings regarding parliamentary sovereignty issues for the Legislative Council's consideration during debate on the bill.

I commend the report to the house.

Tabling

Hon Dr Steve Thomas (1:21 pm): I am directed to present the 152nd report of the Standing Committee on Uniform Legislation and Statutes Review titled Charitable Collections Amendment Bill 2025.

(See paper 419.)

Hon Dr Steve Thomas: The report I have just tabled advises of the house of the committee's inquiry into the Charitable Collections Amendment Bill 2025. The bill proposes to implement a national scheme for charitable collections licensing. It also amends the Charitable Collections Act 1946 to address issues of inconsistency and duplication in regulations for organisations wishing to collect money for charitable purposes in Western Australia. The key reform is the introduction of an automatic mutual recognition scheme for charities registered with the Australian Charities and Not-for-profits Commission. Those charities will be deemed to a hold licence to collect in Western Australia on notifying the ACNC commissioner of their intention to undertake charitable collections in Western Australia. Charities deemed to hold the licence will be required to comply with all regulations, conditions and conduct requirements that apply to locally licensed charities. The commissioner may also impose, vary or revoke conditions to any licence and revoke a deemed licence at any time by notice to the licence holder. Consistent with national mutual recognition legislation, the bill will empower the commissioner to facilitate information sharing with the ACNC and regulators in other states and territories.

The committee considers the commencement provision in the bill will impact on the Western Australian Parliament's sovereignty and lawmaking powers. It draws this to the attention of the house for consideration during debate on the bill.

I commend the report to the house.

Tabling

Hon Dr Steve Thomas (1:23 pm): I am directed to present the 153rd report of the Standing Committee on Uniform Legislation and Statutes Review titled Statutes, Repeals and Minor Amendments Bill 2025.

(See paper 420.)

Hon Dr Steve Thomas: The report I have just tabled advises the house of the committee's considerations on the Statutes (Repeals and Minor Amendments) Bill 2025 On 8 April 2025, the bill was introduced into the Legislative Council. On 9 April 2025, it was referred to the Standing Committee on Uniform Legislation and Statutes Review for consideration and report.

The bill was introduced in a similar format in the previous two Parliaments as the Statutes (Repeals and Minor Amendments) Bill 2020 and the Statutes (Repeals and Minor Amendments) Bill 2021. The committee reported on these bills in its 131st and 135th reports respectively. Both bills lapsed when the Parliament was prorogued prior to the 2021 and 2025 state elections. The current bill proposes the repeal of nine Western Australian acts, six imperial acts, one provision in each of two imperial acts and amendments to numerous Western Australian acts. The committee examined the bill according to its terms of reference. The committee is satisfied that the bill contains statutes and provisions that are appropriate for inclusion in an omnibus bill. It found that the commencement clause respects parliamentary sovereignty.

I commend this report to the house.