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Legislation Act 2019

Disclosure requirements for Government-initiated legislation

105: Disclosure statement requirements do not apply to certain Bills and amendments

You could also call this:

"Some laws don't need a special report when they're changed or proposed."

When you look at certain Bills, you do not need to follow the rules in section 103 about making a disclosure statement. This applies to Bills like Imprest Supply Bills or Appropriation Bills. It also applies to Bills that change other laws or get rid of old laws that are no longer needed.

You also do not need to follow these rules for Bills that are part of a big review of laws, like those prepared under subpart 3 of Part 3 or for confirmation under subpart 3 of Part 5.

If the government wants to make changes to a Bill, they do not need to follow the rules in section 103 if it is not possible to do so before the change is looked at by Parliament. They also do not need to follow the rules if the change is small and would not make a big difference to the Bill.

The government needs to say why they think a change is small and would not make a big difference. They must tell the Minister and make this information available online as soon as possible, following the rules in section 107.

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Topics:
Government and voting > Government departments
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Part 4Disclosure requirements for Government-initiated legislation

105Disclosure statement requirements do not apply to certain Bills and amendments

  1. Section 103 does not apply to any of the following Bills:

  2. Imprest Supply Bills or Appropriation Bills:
    1. Bills that are Statutes Amendment Bills under the rules and practice of the House of Representatives:
      1. Bills that primarily relate to the repeal or revocation of legislation identified as spent:
        1. revision Bills prepared under subpart 3 of Part 3 or Bills prepared for the purposes of confirmation under subpart 3 of Part 5.

          1. Section 103 does not apply to a Government amendment if—

          2. the Bill to which it relates is of a kind referred to in subsection (1); or
            1. it is not reasonably practicable to comply with that section before the parliamentary scrutiny of the Government amendment occurs; or
              1. in the chief executive’s opinion, the Government amendment would not materially change the Bill.

                1. In relation to subsection (2)(c),—

                2. the amendment would materially change the Bill if the information required to be contained (or linked to) in a disclosure statement on the Bill would be materially different as a result of the amendment; and
                  1. the chief executive must ensure that a statement of the chief executive’s opinion is, as soon as practicable after the release of the Government amendment,—
                    1. provided to the Minister; and
                      1. electronically published (in accordance with each notice under section 107).