Secondary Legislation Bill

Members, we now come to the debate on clause 4, including schedules 33 to 35. This is the debate on the amendments to the Legislation Act 2019. The question is that clause 4 stand part.

Thank you, Mr Chair. So one question on Schedule 33—sorry, this is at page 339 of the Supplementary Order Paper (SOP) 12. There’s a new subclause (3) inserted in clause 14 of Schedule 1 of the principal Act. It says “Nothing in this clause limits the information that the PCO”—the Parliamentary Counsel Office—“may record and publish in relation to an Act in relation to an empowering provision (for example, as an aid to assist users to understand how this Act applies to secondary legislation).” That’s an inclusion in the SOP, and I was wondering why it needed to be included and what benefit it will have.

Again, officials can correct me if I’ve got this wrong, but my understanding is that’s to empower the Parliamentary Counsel Office to put explanations in legislation in these redrafted provisions that are being amended through this Act, so as to make it easier for people who look at them to actually work out what it’s saying and how it’s to be applied.

Thank you, Mr Chair. I wonder if I can ask the Minister, in respect of parliamentary scrutiny and, in particular, presentation of instruments to the House—and I’m particularly interested in the role of the Attorney-General—

💬 Hon Scott Simpson: Why isn’t this man in the Cabinet?

—in that parliamentary counsel will be presenting to the House a report on exemptions from presentation. So, instruments—

💬 Hon Scott Simpson: He’d be better than Kelvin, this one.

—which would usually be presented but, for one reason or another, the legislation said it need not be presented—

💬 Hon Scott Simpson: Make this man a Minister.

—or presented in such and such a way. I’m just wondering if the Minister could comment on what kind of reasons might be there—

💬 Hon Scott Simpson: Carmel Sepuloni will be shuddering in her feet.

—and whether this report and the role of the Attorney-General will bolster parliamentary scrutiny?

💬 Hon Scott Simpson: So will Megan Woods.

CHAIRPERSON (Adrian Rurawhe): Before I give the call, the Hon Scott Simpson, even in your interjections, please get the titles correct, thank you.

The most likely examples are matters relating to national security, where the Government has done something that is of legislative effect that would normally—or does—fall within the category of secondary legislation, but for reasons of national security, the normal public processes that surround that would not apply. That’s a carry-forward of existing processes in the new regime that’s necessary. The other example would be sometimes where there are issues of commercial sensitivity, and I can imagine that sometimes applying in respect of exemptions that are given in respect of proposed takeovers and the like.

Clause 4 agreed to.

Clause 5 Deferred amendments to Legislation Act 2019 (for publication commencement date)