EXPLANATORY STATEMENT
Issued by the Authority of the Attorney-General
Regulatory Powers (Standard Provisions) Act 2014
Regulatory Powers (Standard Provisions) Commencement Proclamation 2014
Item 2 of the table in subsection 2(1) of the Regulatory Powers (Standard Provisions) Act 2014 (the Act) provides that Parts 2 to 7 of the Act are to commence on a day or days to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of six months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. The Act received the Royal Assent on 21 July 2014.
The purpose of the Regulatory Powers (Standard Provisions) Commencement Proclamation 2014 (Proclamation) is to fix 1 October 2014 as the day on which Parts 2 to 7 of the Act commence.
The Act is intended to simplify and streamline Commonwealth regulatory powers by providing a framework of powers for general application across regulatory schemes. These powers are based on those commonly available to regulatory agencies through their governing legislation.
Part 2 of the Act creates a framework for an agency to monitor compliance with the provisions of an Act or a legislative instrument, or whether information given in compliance, or purported compliance, with a provision of an Act or a legislative instrument, is correct. Part 3 of the Act creates a framework of investigation powers to enable an agency to gather material that relates to the contravention of offence provisions and civil penalty provisions. Parts 4, 5, 6 and 7 of the Act create a framework for using civil penalties, infringement notices, enforceable undertakings and injunctions to enforce provisions.
Upon the commencement of the Proclamation, the governing legislation of a regulatory scheme will be able to trigger Parts 2 to 7 of the Act, or provisions within those Parts, rather than duplicating those provisions. This will provide agencies with the opportunity to use more uniform regulatory powers, and increase legal certainty for agencies and for individuals who are subject to the standardised powers.
The extent to which these Parts are triggered will depend on the suitability of these powers in the particular context of each regulatory scheme. For example, it may be appropriate for an agency to be able to exercise the monitoring powers of the Act, but not be provided with the investigation powers of the Act. In some cases, the powers provided in the Act will not be sufficient for a regulatory agency, and the agency will continue to require its own specialised powers.
Ensuring compliance with the triggered standardised powers will continue to be a requirement of the relevant agencies and oversight bodies in accordance with the governing legislation.
The Act does not specify any conditions that need to be satisfied before the Proclamation can be made.
Commonwealth departments and agencies were consulted in the development of the Regulatory Powers (Standard Provisions) Bill 2014. Targeted consultation was also undertaken on the Proclamation in the context of the application of the Act to the Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Act 2013 and the Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Act 2013.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003. The disallowance provisions of the Legislative Instruments Act 2003 will not apply by application of item 42 of subsection 44(2) of that Act. Accordingly, a human rights statement of compatibility is not required.
Overview
The Regulatory Powers (Standard Provisions) Act 2014 was enacted to simplify and streamline Commonwealth regulatory powers by providing a framework of powers that can be applied across various regulatory schemes. The purpose of this Act, as outlined in its explanatory statement, is to create a set of standardised regulatory powers that can be triggered by governing legislation, thereby reducing duplication and increasing legal certainty for both agencies and individuals. The policy objective is to provide agencies with uniform regulatory powers that can be adapted to the specific context of each regulatory scheme, ensuring that agencies have the necessary tools to enforce compliance without the need for each agency to have its own specialised powers.
The Regulatory Powers (Standard Provisions) Commencement Proclamation 2014 fixes the commencement date for Parts 2 to 7 of the Act, ensuring that these standardised powers become effective from 1 October 2014. The Proclamation was developed following consultations with relevant Commonwealth departments and agencies and does not require a human rights statement of compatibility as it is exempt under the Legislative Instruments Act 2003. This legislative instrument aims to provide a more consistent and efficient framework for regulatory activities across different schemes.
Scope and Application
The Regulatory Powers (Standard Provisions) Act 2014 aims to simplify and streamline the regulatory powers of Commonwealth agencies by providing a uniform framework of powers applicable across various regulatory schemes. The Act applies to Commonwealth agencies, which are empowered to monitor compliance, investigate contraventions, and enforce compliance through civil penalties, infringement notices, enforceable undertakings, and injunctions. These provisions are intended to be triggered by the governing legislation of each regulatory scheme, promoting consistency and legal certainty. The scope of the Act's application can vary based on the specific needs of each regulatory context, allowing for a tailored approach to regulation. The Act applies nationally, across the Commonwealth, and its implementation is facilitated by the Regulatory Powers (Standard Provisions) Commencement Proclamation 2014, which sets the commencement date for certain parts of the Act. The Proclamation ensures that these parts come into effect on 1 October 2014, unless otherwise specified. Subordinate instruments may further define or extend the application of the Act's provisions, ensuring flexibility and adaptability in its implementation.
Key Provisions
The Regulatory Powers (Standard Provisions) Act 2014, which received Royal Assent on 21 July 2014, is designed to streamline Commonwealth regulatory powers by providing a standard framework of powers applicable across various regulatory schemes. Parts 2 to 7 of the Act are triggered by the Regulatory Powers (Standard Provisions) Commencement Proclamation 2014, which fixes 1 October 2014 as the commencement date for these provisions (section 2(1)). Part 2 (section 2) establishes a framework for agencies to monitor compliance with legislative provisions and verify the accuracy of information submitted in compliance. Part 3 (section 3) outlines investigation powers enabling agencies to gather evidence related to offences and civil penalty provisions. Parts 4, 5, 6, and 7 (sections 4-7) provide frameworks for using civil penalties, infringement notices, enforceable undertakings, and injunctions to enforce compliance.
The Act imposes obligations on regulatory agencies to ensure compliance with the triggered standardised powers as outlined in their governing legislation. This includes the responsibility for monitoring compliance, conducting investigations, and enforcing compliance through appropriate measures such as civil penalties, infringement notices, enforceable undertakings, and injunctions. Agencies must apply these powers in a manner consistent with their governing legislation, ensuring that the use of standardised powers does not exceed what is necessary or appropriate for the specific regulatory context.
Failure to comply with the requirements of the Act can result in civil or criminal penalties, depending on the nature of the breach. The Act does not specify particular offences or penalties, but these would be determined by the governing legislation of the relevant regulatory scheme. For example, if an agency fails to properly monitor compliance, it may face enforcement actions under its governing legislation. The severity of penalties can vary, with potential outcomes including fines, imprisonment, or both, depending on the jurisdiction and the specific breach. The maximum penalties are not explicitly stated in the Act but would be defined within the relevant governing legislation of the regulatory scheme.
The Regulatory Powers (Standard Provisions) Act 2014, as supplemented by the Proclamation, aims to provide a more uniform and legally certain approach to regulatory powers across different Commonwealth schemes. By reducing duplication and providing a standardised framework, the Act facilitates better enforcement and compliance oversight. However, the extent to which the Act’s provisions are applicable will vary based on the specific needs and context of each regulatory scheme, ensuring that agencies have the appropriate tools to effectively regulate their respective areas.