Commonwealth of Australia Explanatory Memoranda

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ACTS AND INSTRUMENTS (FRAMEWORK REFORM) BILL 2014

                                   2013-2014-2015
 THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

                                       SENATE
ACTS AND INSTRUMENTS (FRAMEWORK REFORM) BILL 2014

         SUPPLEMENTARY EXPLANATORY MEMORANDUM

           Amendment to be Moved on Behalf of the Government
                           (Circulated by authority of the

      Attorney-General, Senator the Honourable George Brandis QC)
   GOVERNMENT AMENDMENT TO THE ACTS AND INSTRUMENTS
   (FRAMEWORK REFORM) BILL 2014
   GENERAL OUTLINE
1. The Acts and Instruments (Framework Reform) Bill 2014 (the Bill) was passed by the
    House of Representatives on 3 December 2014. The Senate Legal and Constitutional Affairs
    Legislation Committee (the Senate Committee) reported on the Bill on 2 December 2014. It
    recommended that a requirement be inserted to review the operation of the new
    Legislation Act 2003 five years after its commencement. This amendment implements that
    recommendation.
    FINANCIAL IMPACT
2. This amendment will not have a significant financial impact on government departments or
    agencies

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   STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
   Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
   Government amendment to the Acts and Instruments (Framework Reform) Bill 2014
3. This amendment is compatible with the human rights and freedoms recognised or declared in
   the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
   Act 2011. It does not engage any human rights beyond those discussed in the Explanatory
   Memorandum to the Bill.

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   NOTES ON CLAUSES

   Item 83 - Section 59

4. The Bill was passed by the House of Representatives on 3 December 2014. The purpose of
   the Bill is to improve the operation and clarity of the framework for Commonwealth
   legislation, to consolidate the requirements for publication and registration of Commonwealth
   Acts and instruments into a single `Legislation Act' and to create a central Federal Register
   of Legislation. These changes will create administrative efficiencies across Government and
   enhance the public accessibility of Commonwealth laws. The Bill also implements
   outstanding recommendations of the 2008 Review of the Legislative Instruments Act 2003.

5. The Senate Committee reported on the Bill on 2 December 2014. It recommended that the
   Senate pass the Bill, subject to its recommendation that a requirement be inserted to review
   the operation of the new Legislation Act five years after its commencement. The Committee
   recommended that this requirement be in similar terms to the existing section 59 of the
   Legislative Instruments Act, which required a review of that Act three years after
   commencement.

6. The new item 83 amends the Bill to implement the Senate Committee's recommendation.
   The original item 83 would have repealed the existing section 59, as the review it provides
   for has now taken place. The amended item 83 repeals existing section 59 and substitutes a
   new section 59. The new section 59 requires a review of all aspects of the operation of the
   Legislation Act. Subsection 59(1) provides that the Attorney-General must appoint persons to
   conduct the review during the three months starting on the fifth anniversary of the
   commencement of the Legislation Act. This new subsection does not specify a particular date
   on which these persons must be appointed because the date of commencement of the
   Legislation Act is not yet known. Under item 1 of the Bill, section 2 of the Legislation Act
   will specify that the amendments in the Bill will commence on a day fixed by proclamation,
   or if this has not occurred within 12 months of the Bill receiving Royal Assent, on the day
   after the end of that 12 month period. Accordingly, new subsection 59(1) makes clear that
   persons must be appointed to conduct the review soon after the date on which the
   Legislation Act has been operating for five years.

7. Subsection 59(2) provides that the persons appointed to conduct the review may resign by
   giving the Attorney-General notice. Subsection 59(3) makes clear that the review must
   encompass all aspects of the operation of the Legislation Act, as well as any related matters
   specified by the Attorney-General. Subsection 59(4) requires that the review body must
   provide its report to the Attorney-General within 15 months of the fifth anniversary of the
   commencement of the Legislation Act. Subsection 59(5) provides that the Attorney-General
   must table the report in each House of Parliament within six sitting days of receiving it.

8. As recommended by the Senate Committee, the new section 59 has been drafted in similar
   terms to the existing section 59. The appointment of persons to conduct the review,
   resignation of those persons, the scope of the review, its report to the Attorney-General and
   the tabling of that report in Parliament are all provided for in similar terms to the existing
   section 59.

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