Statutes Repeal Bill- Committee Stage- Clause 1 – Video 4

Statutes Repeal Bill- Committee Stage- Clause 1 – Video 4

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Thank You mr. to all Christophe guns thank you very much mr. chairman and I’m very happy to take a call on the statute to repeal bill as one of the few members of the House who I think actually finds this stuff interesting I think that there’s only a few of us who who really do find this interesting and I was fascinated by the submission by Zhu Kenneth Keith and up until just recently I hadn’t had the chance to have a look at it but the there are a few points which he raises which I think are definitely worth considering and that is at what point does a law become need worthy of repeal because as in across five of his submission he points out that there are still two hundred plus private acts many of which have had an immediate effect for example in providing for an acquittal completing an adoption removing barriers to marriage validating appointments and then he also points out that there are many other disillusion acts other appeal statutes evolution X and many nineteenth-century special powers and contracts X so the question that he’s raising is that what what is the mischief what is the necessity in repealing all of this legislation when effectively it no longer has any effect anyway and he also raises I think an interesting further question which is what of the repeal provisions of more substantive eggs so when for example a new Education Act has passed and that includes provisions that repeal a whole lot of the existing legislation should those repeal provisions then subsequently be repealed as well then it’s an interesting point at what point do we determine that a law is sufficiently repealed that we no longer need to worry about it because I note in this bill that we are repealing a previous statutes repeal bill so at what point do we simply say okay we’ve repealed that now we can forget about it or are we going to be coming back in another hundred years because one of the statutes repealed bills that we’re repealing today is over 100 years old in 100 years time will they be back in the house repealing the repeal bill that we’re now passing today or would they simply say actually that’s been adequately dealt with now and discharged I was also interested in some other issues I was involved as my colleague David Packer and the government administration committee back in 20 2009 2010 when the Rugby World Cup 2011 and powering Act was passed and in that act rather unusually it provided the government of the day the ability by order and Council to repeal the eight because it was only ever intended to be a temporary act for the purpose of the Rugby World Cup and that has now happened so the government issued that order in Council in 2014 so the act was expired so why are we needing to repeal it when the act when it was passed had a repeal provision in it which allowed the government to repeal it by order and council it has been repealed through order and council so why why are we even needing to do that at what point does a repeal actually become final because otherwise the statute book will continue to grow with more and more appealing and I’m note in particular again a very interesting comment from sue Kenneth that the statutes amendment X of 1943 and 1944 all amended other statutes some of which have themselves already been repealed they have no separate existence in their own rights because they were statutes and MinMin X they were not new acts of their own right they were only ever appealing or other existing legislation so why the need to even repeal them I’m not sure about that he makes a point about the Michael Connolly appointment validation Act of 1936 I’m not entirely sure what the body was that Michael Connolly that was being appointed to but it was abolished 14 years later so we have we have an appointment validation here for a person who presumably know not who exists and a body that presumably no longer exists so it seems to me that the one of the fundamental issues that we should be great bling withers how do we create a system where we don’t have to have these repeal bills to repeal legislation which effectively no longer has any purpose in which in itself in effect has been appealed because otherwise we’re going to keep going in a cycle when nothing will ever finally be repealed because each repeat subsequent repeal will need another appeal and it seems to me that’s somewhat absurd so quite an interesting exercise to read through the various expenditure notes on this legislation it all does seem relatively sensible to repeal them but I can’t help but wonder whether his first point or actually I think is the second point in his submission is not the most pertinent one which is is there a better way of doing this then through a statutes repeal bill the Honorable David Parker yeah that’s an interesting point

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