Hansard debates

Ordered that second-reading speech be incorporated into Hansard on motion of Mr JENNINGS (Special Minister of State).

Mr JENNINGS (Special Minister of State) — I move:

That the bill be now read a second time.

Incorporated speech as follows:

The Interpretation of Legislation Act 1984 provides for the interpretation of Victorian legislation and subordinate instruments, and confers powers on the chief parliamentary counsel to authorise alterations to the text of acts and statutory rules to implement changes to drafting style.

The Interpretation of Legislation Amendment Bill 2015 will amend the Interpretation of Legislation Act to:

include additional powers for the chief parliamentary counsel to authorise limited stylistic changes to legislation and statutory rules;

insert two new definitions for use in Victorian legislation and subordinate instruments; and

include several new interpretive provisions.

These changes, although technical, are important to clarify particular aspects of legislative interpretation and promote consistency in definitions and drafting style across the Victorian statute book.

The bill will add several new stylistic changes to those that the chief parliamentary counsel may authorise under the Interpretation of Legislation Act. These are the formatting of part, schedule and court form headings in sentence case (rather than all capitals), the italicisation of citations of acts by title and the omission of lines at the end of legislative parts. Permitting these stylistic amendments will ensure that existing acts and statutory rules are kept up to date with recent changes to drafting style.

The bill will also insert definitions of 'police officer' and 'registered medical practitioner' into the Interpretation of Legislation Act, for use in all Victorian acts and subordinate instruments (unless the contrary intention appears). These definitions are already used widely in Victorian laws. Inclusion of these definitions in the Interpretation of Legislation Act will simplify the drafting of other acts and subordinate instruments, as the definitions will not need to be repeated in all acts and subordinate instruments that use them.

The bill will also include three new interpretive provisions in the Interpretation of Legislation Act. The first will clarify that if an act or provision related to an indemnity or immunity ceases operation, such cessation does not affect the indemnity or immunity, or any proceeding or remedy in respect of it. This will ensure that outdated provisions or acts may be repealed or expire or lapse without affecting rights and protections. The Interpretation of Legislation Act already deals with other types of provisions that cease operation; this amendment will clarify the position in respect of indemnities and immunities.

The second new interpretive provision in the bill provides that where an act is ordered by chapters and parts and the parts have decimal numbers (for example, where part 3 of chapter 2 is referred to as part 2.3 of the whole act), those parts may be referred to by their decimal numbers in that act and in other acts. At present, provisions that permit this must be included in each act that uses decimal part numbers.

The third new interpretive provision in the bill provides that a power to delegate in an act or subordinate instrument does not include a power to delegate the power of delegation (that is, a power of sub-delegation). At present, this constraint on powers to delegate is included in individual delegation provisions.

The Interpretation of Legislation Act provides that provisions in it apply to acts and subordinate instruments unless a contrary intention appears in the Interpretation of Legislation Act or in the relevant act or subordinate instrument. This means that it will still be possible for an act or subordinate instrument to override the interpretive provisions introduced by the bill if necessary.

The amendments made by the bill in relation to style, definitions and interpretation will simplify the drafting of legislation and subordinate instruments in Victoria and ensure consistency in the appearance of existing and new laws.

I commend the bill to the house.

Debate adjourned on motion of Mr RICH-PHILLIPS (South Eastern Metropolitan).

Debate adjourned until Thursday, 5 March.