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Law Council of Australia


Regulatory Powers (Standardisation Reform) Bill 2020

The submission to the Senate Legal and Constitutional Affairs Legislation Committee (the Committee) in reponsed to the inquiry into the Regulatory Powers (Standardisation Reform) Bill 2020 (Bill) was prepared by the Law Council of Australia. 

The Law Council does not object to the passage of the Bill but recommends some improvements to certain proposed amendments to the standard provisions in the Regulatory Powers (Standard Provisions) Act 2014 (Cth) (RPA) in Schedule 1 to the Bill. The Law Council also recommends some improvements to matters of legal policy concerning the process for the implementation and development of the RPA.

Given the condensed timeframe provided for consultation, the Law Council does not make detailed comment on the measures in Schedules 2-7, which trigger provisions of the RPA in relation to six individual Acts establishing regulatory regimes, but would be pleased to assist the Committee with any specific questions. 1

As a general comment on Schedules 2-7, the Committee may wish to explore with the proponents of the Bill whether regulated entities, and not merely the responsible regulatory agencies, were consulted on the proposals, as the Explanatory Memorandum is silent on this matter. The Law Council emphasises that consultation with affected entities on legislative proposals, before Bills are introduced to Parliament, is a fundamental matter of good practice that should be incorporated routinely into the legislative development process.

You can read the full submission below.

1 These six Acts are: Defence Force Discipline Act 1982 (Cth); Education Services for Overseas Students Act 2000 (Cth), Fisheries Management Act 1991 (Cth), Tertiary Education Quality and Standards Agency Act 2011 (Cth); Tobacco Advertising Prohibition Act 1992 (Cth); and Tobacco Plain Packaging Act 2011 (Cth).


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