Skip to main content
Home
  Email Link  

Report Details


Committee Name:

Legislation Committee (2001 - 2005)

House:

Legislative Council
Report Type:Report

Title:

Statutes (Repeals and Minor Amendments) Bill 2001
Report No:11
No of Pages:20
Physical Location:Legislative Council Committee Office

Presentation Date:

03/12/2002
Related Report(s):Report No 20 - Statutes (Repeals and Minor Amendments) Bill 2001 (10 Jun 2003)


Click here to view the report


Executive Summary


1.The Statutes (Repeals and Minor Amendments) Bill 2001 (Bill) was referred to the Standing Committee on Legislation (Committee) on August 1 2001 for inquiry on a motion by Hon Kim Chance MLC.


2.The purpose of the Bill is to revise statute law by repealing spent, unnecessary or superseded Acts, and by making miscellaneous minor amendments to various Acts.


3.Clause 117 of the Bill amends clause 2 of the Schedule to the Tobacco Control Act 1990, by inserting two additional subclauses. The Committee is of the view that the amendment is not a minor amendment. The insertion of new subclause (6) and (7) is a substantive change to the decision making process of the Western Australian Health Promotion Foundation.


4.The Committee has been informed of a number of amendments to the Bill which the Government plans to move. The Committee has reviewed these amendments and endorses the proposed amendments to the Bill.


Recommendations


Page 9
Recommendation 1: The Committee recommends that proposed subclause (6) in clause 117 of the Statutes (Repeals and Minor Amendments) Bill 2001 (which amends clause 2 of the Schedule to the Tobacco Control Act 1990) be amended in the following manner:


delete (6) and insert the following:
“(6) A decision in writing signed and assented to by all members by letter, facsimile or other written means is as effectual as if it had been passed at a meeting of the Foundation.”


Page 9
Recommendation 2: In the event that Recommendation 1 is not agreed to then the Committee recommends that proposed subclause (6) in clause 117 of the Statutes (Repeals and Minor Amendments) Bill 2001 (which amends clause 2 of the Schedule to the Tobacco Control Act 1990) be deleted.


Page 11
Recommendation 3: The Committee recommends that the Statutes (Repeals and Minor Amendments) Bill 2001 be amended in accordance with the amendments contained in Supplementary Notice Paper No 31, Issue 1, October 8 2001 which is attached as Appendix 2 to this report.


Page 11
Recommendation 4: The Committee recommends that the Statutes (Repeals and Minor Amendments) Bill 2001 be passed, subject to Recommendations 1, 2 and 3.