RECOMMENDATIONS

Recommendation 1

2.36      The committee recommends that the Regulatory Powers (Standard Provisions) Bill 2012 be amended to remove the power to trigger the provisions of the bill by regulation.

Recommendation 2

2.37      The committee recommends that the Explanatory Memorandum to the Regulatory Powers (Standard Provisions) Bill 2012 be revised and reissued to stipulate that each time a bill is introduced into the parliament that provides for the triggering of the provisions in the Regulatory Powers (Standard Provisions) Bill 2012, this must be explicitly articulated and explained in the Explanatory Memorandum to the relevant bill.

Recommendation 3

2.38      The committee recommends that, in future, each time a bill is introduced into the parliament which seeks to trigger the provisions of the Regulatory Powers (Standard Provisions) Bill 2012, the Explanatory Memorandum to that bill must clearly set out the relevant agency's current regulatory powers, a comparison with the powers in the Regulatory Powers (Standard Provisions) Bill 2012 that will be triggered, and, in the case of any expansion of the agency's powers, a detailed explanation of the reasons for the expansion of powers.

Recommendation 4

2.39      The committee recommends that the three bills currently before the parliament and the 15 Acts passed by the parliament, identified by the
Attorney-General's Department in its answers to questions on notice to the inquiry, be reviewed. Where the legislation contains scope for regulations to provide regulatory powers to an agency which are analogous to those in the Regulatory Powers (Standard Provisions) Bill 2012, the committee recommends that the legislation be amended so that the provisions are contained in the principal Act.

Recommendation 5

2.40      Subject to Recommendations 1 and 2, the committee recommends that the Bill be passed.

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