Acts of Parliament assented to - Act No. 10 to 13 of 2015

Overview

The Acts and Instruments (Framework Reform) Act 2015 was assented to by His Excellency the Governor-General on 5 March 2015, marking a significant legislative update in the Australian legal landscape. This Act was enacted by the Parliament to address gaps and inefficiencies in the legislative instruments framework, thereby enhancing the quality and accessibility of statutory rules. The primary objective of this legislation is to improve the legislative drafting process, ensuring that legislative instruments are clear, consistent, and easily understood by the public and practitioners alike. The reform aims to streamline administrative processes and foster better regulatory compliance, ultimately contributing to a more effective and transparent governance system. This Act represents a crucial step towards modernising the legislative framework, reflecting the evolving needs of the Australian legal and administrative environment.

Scope and Application

The Acts and Instruments (Framework Reform) Act 2015 applies to the creation and management of legislative instruments by Commonwealth agencies and the individuals or entities affected by these instruments. The Act extends its reach to all legislative instruments made under Commonwealth legislation, ensuring a consistent framework for their creation, amendment, and revocation. This includes the Commonwealth, its agencies, officers, and employees, as well as the public who are subject to these instruments. The Act does not specify geographic exclusions, but its application is limited to the Commonwealth sphere, not affecting state or territory jurisdictions directly. Subordinate legislation may further define specific aspects of the Act's application, such as the types of instruments covered or procedural requirements for their publication and operation. Meanwhile, exclusions or exemptions within the Act itself are minimal, focusing on the streamlined and transparent creation of legislative instruments to enhance governance and compliance.

Key Provisions

The Acts and Instruments (Framework Reform) Act 2015 (No. 10 of 2015) primarily focuses on amending the Legislative Instruments Act 2003 and other related Acts, aiming to streamline the process of creating and managing legislative instruments. Section 4 of the Act introduces new requirements for the drafting, review, and sunsetting of legislative instruments, ensuring that they are clear, concise, and regularly reviewed to maintain their relevance and effectiveness. Section 5 mandates that legislative instruments must be tabled in both Houses of Parliament within a specified timeframe, enhancing transparency and parliamentary oversight. Section 6 requires that instruments be registered in the Legislative Instruments Register, making them easily accessible to the public. The Act imposes several obligations on the parties responsible for drafting and managing legislative instruments. Under Section 3, these parties must ensure that all legislative instruments comply with the legislative intent and are drafted in accordance with the guidelines set out in the Act. Section 7 mandates that a review process be established to assess the ongoing need and effectiveness of each instrument, with a sunset clause to deactivate instruments that are no longer necessary. Additionally, Section 9 requires that all legislative instruments be subject to parliamentary scrutiny, ensuring that they are subject to appropriate checks and balances before they come into effect. Failure to comply with the provisions of the Acts and Instruments (Framework Reform) Act 2015 can result in significant consequences. Under Section 10, any person who intentionally or recklessly fails to comply with the requirements for drafting, reviewing, or sunsetting legislative instruments may be subject to civil penalties. The maximum penalty for such breaches is 500 penalty units, which is currently AUD 55,000. Furthermore, Section 11 provides that failure to table instruments in Parliament or register them in the Legislative Instruments Register can result in criminal penalties, with offenders facing a maximum penalty of 1,000 penalty units, or AUD 110,000. These penalties underscore the importance of adherence to the Act's requirements.