Legislative Assembly

Subordinate Legislation and Tabled Papers

The Subordinate Legislation and Publications Committee is charged with examining and reporting on all papers that are required to be presented to the Assembly. It also checks whether any proposed determination is legal, does not take away citizens' rights and complements the Act it is intended to effect.

This Committee also has the responsibility of determining which papers tabled in the Assembly should be made available to the public and form part of the Parliamentary Papers series.

Terms of Reference
(Section 20 of the Standing Orders)

1. A Standing Committee on Subordinate Legislation and Publications to consist of five Members shall be appointed at the commencement of each Assembly. The Committee shall examine and report upon all instruments of a legislative or administrative character and other papers which are required by statute to be laid upon the Table.

2. The Committee shall, with respect to any instrument of a legislative or administrative character which the Legislative Assembly may disallow or disapprove, consider -

(a) whether the instrument is in accordance with the general objects of the law pursuant to which it is made;

(b) whether the instrument trespasses unduly on personal rights or liberties;

(c) whether the instrument unduly makes rights and liberties of citizens dependent upon administrative and not upon judicial decisions;

(d) whether the instrument contains matter which in the opinion of the committee should properly be dealt with in an Act;

(e) whether the instrument appears to make some unusual or unexpected use of the powers conferred by the statute under which it is made;

(f) whether there appears to have been unjustifiable delay in the publication or laying of the instrument before the Assembly; and

(g) whether for any special reason the form or purport of the instrument calls for elucidation.

3. The Committee, if it is of the opinion that an instrument ought to be disallowed or disapproved -

(a) shall report that opinion and the grounds thereof to the Assembly before the end of the period during which any notice of the motion for disallowance of that instrument may be given to the Assembly; and

(b) if the Assembly is not sitting, may refer its opinion and the grounds thereof to the authority by which the instrument was made.

For the purposes of these Standing Orders, "instrument of a legislative or administrative character" has the same meaning as that defined in the Interpretation Act .

4. The Committee, if it is of the opinion that any matter relating to any paper which is laid upon the Table of the Assembly should be brought to the notice of the Assembly, may report that opinion and matter to the Assembly.

5. All petitions and papers presented to the Assembly which have not been ordered to be printed shall stand referred to the Committee, which shall report from time to time as to what petitions and papers ought to be printed and whether wholly or in part.

6. The Committee shall inquire into and report, from time to time, on the printing, publication and distribution of publications or such other matters as are referred to it by the Speaker or the Assembly.

7. The Committee shall have power to send for persons, papers and records, to sit in public or private session notwithstanding any adjournment of the Assembly and to adjourn from place to place.

8. The Committee have the power to consider, disclose and publish the Minutes of Proceedings, evidence taken and records of the Subordinate Legislation, Tabled Papers Committees and Publications Committees established in this Assembly and all previous Assemblies.

Membership of the Committee

Contact Details
Mr Terry Hanley
Director Committee Secretariat
Phone: (08) 8946 1438
Fax: (08) 8981 6158
Email: terry.hanley@nt.gov.au