Legislation Advisory Committee Report No.4 Departmental Statutes

CONCLUSIONS AND RECOMMENDATIONS

1. Departmental statutes and related legislative provisions should not in general be enacted (para 48).

2. Legislation should not in general confer functions on departments; rather it should confer functions on the Governor-General (in Council), Ministers or officials (para 55).

3. Legislation should not in general name specific Ministers or relate officials to particular departments; rather the reference should be general ("a Minister of the Crown", "the Registrar appointed under the State Sector Act 1988") (para 55). In some cases particular Ministers are however quite properly specified as having a statutory power (para 57).

4. Parliament should have to approve the addition of new departments to the list of departments scheduled to the State Sector Act 1988, as well as deletions and alterations (para 56).

5. A publication setting out the functions of Ministers and departments along the lines of the Australian Gazette notice should be established (para 58).

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