The Attorney-General’s Department has launched a review of the Federal Government’s Legislation Act 2003, the law which governs the framework for all other laws, including the making, registration, publication and other steps the Parliament can take when making laws.
The Department is seeking submissions on the Act until 8 December and has published a Discussion Paper to assist stakeholders to give feedback on matters arising from the Terms of Reference.
Tom conducti the Review will be its Chair, Deputy Secretary of Integrity and International Group in the Attorney-General’s Department, Sarah Chidgey; Deputy Secretary of Corporate and Foreign Investment Group in the Treasury, Roxanne Kelley; and former First Parliamentary Counsel in the Office of Parliamentary Counsel, Peter Quiggin.
Then Terms of Reference, say the Review should consider and report on the extent to which the objectives listed in Section 3 of the Act had been realised; factors, if any, which had limited achievement of the Act’s objectives; the extent to which the Act’s objectives were still appropriate; and how performance against those objectives might be improved.
They say the Review should have regard to a series of reports, including the 2008 Review of the Legislative Instruments Act 2003; the 2017 Report on the Operation of the Sunsetting Provisions in the Legislation Act 2003; and the Interim and Final Reports of the Inquiry into the exemption of delegated legislation from parliamentary oversight of the Senate Standing Committee.
The Attorney-General’s Department said the panel should consider whether changes implemented as a result of the 2008 Review and 2017 Report have achieved their objectives.
The panel is also to consider the extent to which any of the recommendations in the Senate Committee’s Reports may further the objectives of the Act or improve performance against the objectives.
“The Review may consider any other related matters it regards appropriate,” the Department said.
“Section 60 of the Legislation Act requires that the sunsetting provisions are reviewed in 2027,” it said.
“The Review may decide to defer particular issues for consideration in the context of that Review.”
The Department also said the Review panel should consult as widely as it considered necessary to compltete its Report, which is to be delivered to the Attorney-General by 5 June.
The Department’s 20-page Discussion Paper can be accessed at this PS News link.
