Parliamentary Counsel and Other Legislation Amendment Proclamation 2012

Overview

The Parliamentary Counsel and Other Legislation Amendment Act 2012, enacted by the Australian Parliament, aims to streamline and enhance the drafting and management of Commonwealth laws by transferring the functions of the Office of Legislative Drafting and Publishing (OLDP) to the Office of Parliamentary Counsel (OPC). This legislative change seeks to improve the efficiency and effectiveness of managing Commonwealth drafting resources. The Act was introduced to address the need for a more cohesive approach to the drafting and publication of legislation, ensuring that all new laws meet a consistent and high standard. The Parliament enacted this Act to ensure that legislative drafting and publication are handled by a central, specialised office, thereby facilitating better management of resources and potentially improving the quality of enacted legislation. The Act and the accompanying Proclamation were developed in consultation with the OPC and OLDP, ensuring that the transition of functions is well managed and supported by relevant stakeholders. The Proclamation, issued under the authority of Subsection 2(1) of the Act, specifies that the amendments will commence on 1 October 2012. This legislative instrument is fully compatible with human rights as defined under the Human Rights (Parliamentary Scrutiny) Act 2011, aiming to advance the protection of human rights and the rule of law by ensuring that all new laws are drafted to a high standard.

Scope and Application

The Parliamentary Counsel and Other Legislation Amendment Act 2012, supplemented by the issued Proclamation, applies to the transfer of specific legislative drafting and publishing functions from the Office of Legislative Drafting and Publishing (OLDP) to the Office of Parliamentary Counsel (OPC). This transfer encompasses the drafting of subordinate legislation, the publication and compilation of Commonwealth laws, and the maintenance of the Federal Register of Legislative Instruments. The Act amends the Parliamentary Counsel Act 1970, the Acts Publication Act 1905, and the Legislative Instruments Act 2003 to facilitate this transition, with associated functions being transferred to the First Parliamentary Counsel. The Act operates on a Commonwealth level, with the proclaimed commencement date being 1 October 2012. The Act does not specify any exclusions, exemptions, or thresholds; however, it does extend its application through subordinate instruments that may be developed to support the efficient and effective management of Commonwealth drafting resources. This amendment aims to enhance the drafting and publication processes, ensuring that all new laws meet a consistent and high standard, thereby advancing the protection of human rights and the rule of law.

Key Provisions

The main provisions of the Parliamentary Counsel and Other Legislation Amendment Act 2012 are found in subsection 2(1) (1), which stipulates that Schedules 1 and 2 of the Act will commence on a date determined by proclamation, but not later than six months after the Act receives Royal Assent. This date was set by proclamation as 1 October 2012. The Act serves to transfer the functions of the Office of Legislative Drafting and Publishing (OLDP) to the Office of Parliamentary Counsel (OPC), enhancing the efficiency and effectiveness of Commonwealth drafting resources. This transfer includes the drafting of subordinate legislation, publication and compilation of Commonwealth laws, and the maintenance of the Federal Register of Legislative Instruments. The relocation of staff and resources from the Department to OPC supports this transfer. The Act imposes specific obligations on the parties it governs. It mandates that all functions of the OLDP be transferred to the OPC, with associated functions of the Secretary of the Department being transferred to the First Parliamentary Counsel. This transfer is designed to streamline the drafting process and improve the quality of legislative instruments produced by the Commonwealth. Additionally, the Act requires that the OLDP and OPC collaborate during the transition period to ensure a smooth transfer of responsibilities. The Act outlines several potential consequences for non-compliance with its provisions. Although the Act itself does not explicitly state offences or penalties, breaches of the Legislative Instruments Act 2003, which the Act amends, can result in civil or criminal penalties. For instance, section 14 of the Legislative Instruments Act 2003 imposes a civil penalty of up to 50 penalty units (currently AUD 5,500) for non-compliance with legislative instruments, while section 15 can result in a criminal penalty of up to 100 penalty units (currently AUD 11,000). The Act is designed to ensure that all new laws are drafted to a high standard, thereby advancing the protection of human rights and the rule of law.