{"id":"tas:act-1969-044","name":"Subordinate Legislation Committee Act 1969","slug":"subordinate-legislation-committee-act-1969","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"44 of 1969","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110313,"registerId":"tas-act-1969-044-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Subordinate Legislation Committee Act 1969](/view/html/inforce/2026-04-12/act-1969-044) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"### 2 Interpretation\n\n> In this Act, unless the contrary intention appears –\n> \n> > ***Committee*** means the committee established by this Act;\n> \n> > ***regulation*** means a regulation, rule, or by-law that is made under an Act and is required by law to be laid before both Houses of Parliament, but does not include rules of court made by the judges, or by a majority of them, under the authority of an Act.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Constitution of Committee","content":"### 3 Constitution of Committee\n\n> > (1)  There shall be a joint committee of the Legislative Council and House of Assembly, to be known as the Parliamentary Standing Committee on Subordinate Legislation.\n> \n> > (2)  The Committee shall be appointed at the commencement of the first session of each Parliament according to the practice regulating the appointment of members to serve on select committees of the Legislative Council and House of Assembly respectively.\n> \n> > (3)  The Committee shall consist of six members, of whom three shall be members of the Legislative Council and three shall be members of the House of Assembly.\n> \n> > (4)  A person shall not be appointed, or continue, as a member of the Committee if he is or becomes –\n> > \n> > > > (a) a Minister of the Crown;\n> > > \n> > > > (b) the President of the Legislative Council;\n> > > \n> > > > (c) [*\\[Section 3 Subsection (4) amended by No. 38 of 1999, s. 5, Applied:16 Jul 1999\\]*](/view/html/inforce/1999-07-16/act-1999-038#GS5@Hpa@EN) the Speaker of the House of Assembly.\n> > > \n> > > > (d) [*\\[Section 3 Subsection (4) amended by No. 38 of 1999, s. 5, Applied:16 Jul 1999\\]*](/view/html/inforce/1999-07-16/act-1999-038#GS5@Hpb@EN) .  .  .  .  .  .  .  .  \n> \n> > (5)  Subject to this Act, the members of the Committee –\n> > \n> > > > (a) hold office as a joint committee for the duration of the House of Assembly for the time being;\n> > > \n> > > > (b) cease to hold office when that House expires by dissolution or effluxion of time; and\n> > > \n> > > > (c) may exercise the powers and functions conferred, and shall perform the duties imposed, on the Committee by this Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Vacancies","content":"### 4 Vacancies\n\n> > (1)  A member of the Committee may resign his office as a member by writing under his hand addressed to the Governor.\n> \n> > (2)  The office of a member of the Committee becomes vacant for any reason that would vacate his seat as a member of the Legislative Council or House of Assembly, as the case may be.\n> \n> > (3)  Where a vacancy occurs in the office of a member of the Committee, it shall be filled by appointment as provided in [subsection (2)](#GS3@Gs2@EN) of section three within the next ten sitting days of the House of Parliament by which he was appointed as a member of the Committee.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Quorum and procedure at meetings of the Committee","content":"### 5 Quorum and procedure at meetings of the Committee\n\n> > (1)  Any four members of the Committee constitute a quorum of the Committee.\n> \n> > (2)  There shall be a chairman and vice-chairman of the Committee, who shall be elected by the members of the Committee at the first meeting of the Committee or as soon thereafter as is practicable.\n> \n> > (3)  The chairman, or, in the case of his absence or other disability, the vice-chairman, shall preside at all meetings of the Committee at which he is present.\n> \n> > (4)  At a meeting of the Committee at which a quorum is present, the members in attendance may, in the absence of the chairman and vice-chairman, appoint one of their number then present to be temporary chairman, and the temporary chairman has, during the absence of the chairman and vice-chairman, all the powers of the chairman.\n> \n> > (5)  At meetings of the Committee –\n> > \n> > > > (a) the chairman or, in his absence, the vice-chairman has a deliberative vote only; and\n> > > \n> > > > (b) when the votes on a question are equal the question passes in the negative.\n> \n> > (6)  Where a division is called for on any question, the names of the members voting shall be stated in the minutes and in the report of the Committee.\n> \n> > (7)  The Committee shall keep full minutes of its proceedings.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Sitting during adjournment or recess and with open doors","content":"### 6 Sitting during adjournment or recess and with open doors\n\n> > (1)  The Committee may sit and transact business during any adjournment or recess, and may sit at such times and in such places, and conduct its proceedings in such manner, as it thinks proper.\n> \n> > (2)  The Committee shall, when taking evidence, sit with open doors.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Secretary of Committee","content":"### 7 Secretary of Committee\n\n> > (1)  The Governor shall, on the joint recommendation of the President of the Legislative Council and the Speaker of the House of Assembly, appoint an officer of one of the Houses of Parliament to be the secretary of the Committee.\n> \n> > (2)  Notwithstanding [subsection (1) of section twenty-one of the](/view/html/inforce/2026-04-12/act-1931-059#GS21@Gs1@EN) [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) , in the event of the sickness or absence of the secretary, or his inability to act, the President of the Legislative Council and the Speaker of the House of Assembly may jointly select one of the officers of the Houses of Parliament to act in the place of the secretary for such period or until such date as the President and Speaker may jointly determine, and while so acting that officer shall, for all purposes, be regarded as the secretary.\n> \n> > (3)  The secretary shall perform all duties required of him by the Committee as their secretary, and may be paid such remuneration as the Governor may approve.\n> \n> > (4)  The secretary of the Committee shall obtain from the Government Printer copies of all regulations as soon as they are notified or published in the *Gazette* and give one to each member of the Committee.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Functions of Committee","content":"### 8 Functions of Committee\n\n> > (1)  *\\[Section 8 Subsection (1) amended by No. 30 of 1992, s. 15 \\]*The functions of the Committee are –\n> > \n> > > > (a) to examine the provisions of every regulation, with special reference to the question whether or not –\n> > > > \n> > > > > > (i) the regulation appears to be within the regulation-making power conferred by, or in accord with the general objects of, the Act pursuant to which it is made;\n> > > > > \n> > > > > > (ii) the form or purport of the regulation calls for elucidation;\n> > > > > \n> > > > > > (iii) the regulation unduly trespasses on personal rights and liberties;\n> > > > > \n> > > > > > (iv) the regulation unduly makes rights dependent on administrative decisions and not on judicial decisions; or\n> > > > > \n> > > > > > (v) the regulation contains matters that, in the opinion of the Committee, should properly be dealt with by an Act and not by regulation; and\n> > > \n> > > > (ab) to examine whether the requirements of the [Subordinate Legislation Act 1992](/view/html/inforce/2026-04-12/act-1992-030) have been complied with to the extent that they are applicable to a regulation; and\n> > > \n> > > > (b) to make such reports and recommendations to the Legislative Council and the House of Assembly as it thinks desirable as the result of any such examination.\n> \n> > (2)  The Committee, in its discretion, may, in accordance with [subsection (1)](#GS8@Gs1@EN) of this section, examine the provisions of any regulation that took effect before the commencement of this Act and make such reports and recommendations with respect thereto as it considers desirable.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Report when Parliament not sitting","content":"### 9 Report when Parliament not sitting\n\n> If, in the opinion of the Committee, a regulation that is examined by the Committee should be amended or rescinded and the Committee's report thereon is adopted by the Committee during any adjournment or recess, the Committee may cause a copy of its report to be sent to the authority by whom or by which the regulation was made and on receipt thereof that authority shall forthwith –\n> \n> > > (a) amend the regulation in the manner indicated by the Committee, or, if the Committee so recommends, rescind the regulation; or\n> > \n> > > (b) take such action as may be necessary for the purpose of suspending the operation of the regulation, and ensuring that the operation thereof remains suspended, until both Houses of Parliament have dealt with the report.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Power to summon witnesses, &c.","content":"### 10 Power to summon witnesses, &c.\n\n> The Committee may summon witnesses to appear before it to give evidence and to produce documents, and for that purpose has all the power and authority of a Select Committee of the House of Assembly.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Privileges of witnesses","content":"### 11 Privileges of witnesses\n\n> A witness who is summoned to appear, or who appears, before the Committee has the same protection and privileges as a witness in an action tried in the Supreme Court.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Witnesses' expenses","content":"### 12 Witnesses' expenses\n\n> A witness who appears before the Committee to give evidence is entitled to be paid such fees and travelling expenses as the chairman or vice-chairman sees fit to allow, being fees and travelling expenses calculated in accordance with the scale for the time being prescribed under [section twenty-seven of the](/view/html/inforce/2026-04-12/act-1914-032#GS27@EN) [Public Works Committee Act 1914](/view/html/inforce/2026-04-12/act-1914-032) .","sortOrder":11},{"sectionNumber":"13.","sectionType":"section","heading":null,"content":"### 13.\n\n*\\[Section 13 Repealed by No. 27 of 1973, s. 2 \\]*","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Membership of Committee not an office of profit","content":"### 14 Membership of Committee not an office of profit\n\n> The office of a member of the Committee is not an office of profit or emolument within the meaning of the [Constitution Act 1934](/view/html/inforce/2026-04-12/act-1934-094) and the acceptance and holding of such an office does not –\n> \n> > > (a) render the holder of the office incapable of sitting or voting as a member of either House of Parliament; or\n> > \n> > > (b) make void the election of the holder of the office as a member of either House of Parliament.","sortOrder":13}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation has remained focused on its original purpose of establishing a parliamentary scrutiny committee for subordinate legislation. The 1992 amendment added a specific function to check compliance with the Subordinate Legislation Act 1992, but this was a natural extension of the committee's existing scrutiny role rather than a significant expansion beyond the original intent. The 1999 amendment simply updated the list of office-holders excluded from committee membership."},"complexity_factors":["Short statute with only 14 sections (one repealed)","Only 2 defined terms in the interpretation section ('Committee' and 'regulation')","Straightforward procedural rules for meetings, quorum, and membership","Single cross-reference to the Subordinate Legislation Act 1992 for additional compliance checking functions","Minimal conditional logic — mostly direct commands ('shall') and simple disqualifications","No nested exceptions or complex definitional chains"],"plain_english_summary":"This law creates a parliamentary watchdog committee to keep an eye on regulations (rules made by government departments and agencies rather than passed as laws by Parliament).\n\n**What it does:**\n- Establishes the **Parliamentary Standing Committee on Subordinate Legislation** — a joint committee with three members from each house of the Tasmanian Parliament (Legislative Council and House of Assembly).\n- The committee's job is to **check regulations** (also called subordinate legislation) to make sure they:\n  - Stay within the powers granted by the original Act of Parliament\n  - Don't unnecessarily infringe on personal rights and freedoms\n  - Don't give bureaucrats too much power that should belong to courts\n  - Aren't dealing with matters so important they should be decided by Parliament itself, not delegated to officials\n  - Comply with procedural requirements under the Subordinate Legislation Act 1992\n\n**Who it affects:**\n- **Members of Parliament** — six MPs serve on the committee (but ministers, the President of the Legislative Council, and the Speaker are barred from membership)\n- **Government agencies** that make regulations — they must respond if the committee recommends changes\n- **The public** — indirectly, because the committee protects rights and ensures proper democratic oversight of delegated law-making\n\n**Why it matters:**\nParliament can't make every detailed rule itself, so it delegates power to ministers and agencies. But delegated power needs checking. This committee acts as a **safety valve** — ensuring regulations don't overreach, infringe rights, or bypass proper parliamentary scrutiny. It can summon witnesses, demand documents, and recommend that problematic regulations be amended or scrapped."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act appears to have remained focused on its original purpose — establishing and empowering a parliamentary committee to scrutinise subordinate legislation in Tasmania. The version has been current since 1999 with no indication of significant scope expansion or contraction from the original 1969 intent."},"complexity_factors":["Short, single-purpose Act with a narrow administrative function","The concept of 'subordinate legislation' requires some explanation for laypeople but is not technically complex","Limited substantive content visible in the provided text — mostly metadata and status information rather than operative provisions","Long-standing legislation (1969) that has been stable, suggesting settled and uncomplicated operation","Interacts with broader parliamentary and administrative law concepts but does not itself create complex rights or obligations for the general public"],"plain_english_summary":"The Subordinate Legislation Committee Act 1969 creates a parliamentary committee to scrutinise regulations, rules and by‑laws made under Tasmanian Acts. It affects Tasmanian residents, businesses, government agencies and MPs by checking that subordinate legislation stays within statutory powers, is lawful and consistent with Parliament’s intent.  \n\nIn short: it’s a democratic safeguard ensuring government-made detail receives oversight so rules don’t overreach or evade proper parliamentary scrutiny."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Committee’s remit has been broadened since the original enactment: an added express function is to examine whether regulations comply with the Subordinate Legislation Act 1992 (s8(1)(ab)). Membership disqualification rules have been amended (s3(4) as amended), and a provision was repealed (s13), reflecting legislative changes that altered who may serve and the Committee’s statutory connections to other subordinate‑legislation controls."},"complexity_factors":["Statutory governance and membership rules (appointment practice, fixed membership split, disqualification of ministers and presiding officers) increase procedural complexity (s3(2)-(5)).","Procedural requirements for meetings: quorum, election of chair/vice-chair, voting rules and record-keeping (s5(1)-(7)).","Broad, discretionary substantive tests for review (e.g. within power, unduly trespasses on rights, better as an Act) require legal interpretation and judgment (s8(1)(a)(i)-(v)).","Cross-references to other Acts for procedural and compliance standards (Acts Interpretation Act 1931; Subordinate Legislation Act 1992; Public Works Committee Act) create inter-legislative dependencies (s7(2), s8(1)(ab), s12).","Powers to summon witnesses, compel documents, and confer Supreme Court witness privileges carry evidentiary and administrative burdens (s10-s11).","Authority to act during adjournment and to require amendment, rescission or suspension of regulations while Parliament is not sitting concentrates discretion and raises implementation and coordination risks between Parliament and regulatory authorities (s6(1), s9).","Amendments and repeals noted in the text indicate historical changes that affect interpretation and current operation, adding interpretive complexity."],"plain_english_summary":"Creates a six‑member joint parliamentary committee (three members from each House, excluding ministers and presiding officers) to scrutinise subordinate legislation. The committee checks whether regulations are within enabling power, affect rights, rely on administrative rather than judicial decisions, or should be made by Parliament; it can summon witnesses, obtain documents and report recommendations. Agencies must supply copies of new regulations to the committee’s secretary, and during parliamentary recess the committee can require the maker to amend, rescind or suspend a regulation pending parliamentary consideration."}},"importantCases":[],"_links":{"self":"/api/acts/subordinate-legislation-committee-act-1969","history":"/api/acts/subordinate-legislation-committee-act-1969/history","analysis":"/api/acts/subordinate-legislation-committee-act-1969/analysis","conflicts":"/api/acts/subordinate-legislation-committee-act-1969/conflicts","importantCases":"/api/acts/subordinate-legislation-committee-act-1969/important-cases","documents":"/api/acts/subordinate-legislation-committee-act-1969/documents"}}