Appendix 4 - Answer to
Senator Murray's question regarding retrospectivity
As requested by the
Committee, attached is a table setting out Bills that have been commented upon
by the Senate Scrutiny of Bills in relation to retrospectivity.
As requested by Senator
Murray, the list does not contain any Bills that:
-
are purely remedial, in that they fix mistakes or technicalities in
earlier Bills;
-
are beneficial in their effect; and
These categories are
essentially the same as those categories where the Committee will not be
critical of retrospective legislation, being where:
-
apart from the Commonwealth itself they are for the benefit of those
they affect
-
they do no more than effect a “technical amendment” or correct a
“drafting error”
-
they implement a tariff measure in respect of which the relevant
minister has published a date from which the measure is to apply.
Given the short
timeframe in which the document has been prepared, we have relied upon the
observations made in the Alerts Digest to make an assessment as to whether the
Bill falls into the relevant category. We have not included any Bills
where the Committee has simply noted that the Explanatory Memorandum is silent
on whether or not there would be an adverse effect from the legislation being
retrospective but have instead only included those where the Committee clearly
considers that the legislation will have an adverse effect.
As requested by the
Committee, also attached is the Department's response to the request relating
to volume 23 of the Final Report of the Royal Commission into the Building and Construction Industry.
Craig Symon
Group Manager
Workplace Relations
Implementation
Tel: (02) 6121 5286
Senate Employment, Workplace Relations and
Education Legislation Committee Inquiry into the Building and Construction
Industry Improvement Bill 2005 and Building and Construction Industry
Improvement (Consequential and Transitional) Bill 2005
Bills commented on
by the Senate Standing Committee for the Scrutiny of Bills in Alert Digests since
May 1993 which sought to have retrospective impact, with the exclusions as
requested by Senator Murray.
|
Bill |
Alert
Digest |
|
37th
Parliament |
|
|
Employment Services Bill 1994 |
12/94 |
|
Health Legislation (Professional Services
Review) Amendment Bill 1993 |
06/93 |
|
Migration Legislation Amendment Bill (No.2)
1994 |
10/94 |
|
Migration Legislation Amendment Bill (No.3)
1994 |
15/94, 1/95 |
|
Migration Legislation Amendment Bill (No.4)
1994 |
15/94 |
|
Superannuation Industry (Supervision) Bill
1993 |
03/93 |
|
38th Parliament |
|
|
Bankruptcy Legislation Amendment Bill 1996 |
5/96 |
|
Excise Tariff Amendment Bill (No.1) 1997 |
4/97 |
|
Health Insurance Amendment Bill (No.2) 1996 |
10/96 |
|
Industrial Relations Legislation Amendment
Bill 1996 |
1/97 |
|
Workplace Relations and Other Legislation
Amendment Bill 1996 |
2/96 |
|
39th Parliament |
|
|
Migration Amendment (Excision from
Migration Zone) Bill 2001 |
13/01 |
|
Migration Legislation Amendment Bill (No.2)
1998 |
1/99 |
|
Proceeds of Crime Bill 2001 |
14/01 |
|
|
|
|
Bill |
Alert
Digest |
|
40th
Parliament |
|
|
Border Protection (Validation and
Enforcement Powers) Bill 2003 |
13/01 |
|
Criminal Code Amendment (Anti-hoax and
Other Measures) Bill 2002 |
1/02 |
|
Criminal Code Amendment (Hizballah) Bill
2003 |
6/03 |
|
Workplace Relations Amendment (Codifying
Contempt Offences) Bill 2003 |
9/04 |
|
41st Parliament |
|
|
Australian Sports Commission Amendment Bill
2004 |
1/05 |
|
National Security Information (Criminal
Proceedings) Amendment (Application) Bill 2005 |
2/05 |
|
Occupational Health and Safety (Commonwealth
Employment) Amendment (Promoting Safer Workplaces) Bill 2005 |
3/05 |
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