Karen Andrews (McPherson, Liberal Party, Assistant Minister for Vocational Education and Skills) Share this | Link to this | Hansard source

I present the explanatory memorandum to this bill and move:

That this bill be now read a second time.

The Regulatory Powers (Standardisation Reform) Bill 2016 represents the first substantial tranche of Commonwealth acts to trigger the operation of the Regulatory Powers (Standard Provisions) Act 2014. The regulatory powers act provides for a standard suite of provisions in relation to monitoring and investigation powers, as well as provisions regulating the use of civil penalties, infringement notices, enforceable undertakings and injunctions. That act commenced on 1 October 2014 but only has effect where Commonwealth acts are drafted or amended to trigger the standard provisions in that act.

By standardising regulatory powers across the Commonwealth, the act is intended to significantly reduce the length of legislation governing each regulatory regime, provide greater clarity and consistency for agencies that need to exercise powers with respect to multiple regulatory regimes, make it easier for businesses that are subject to multiple regimes to understand and comply with the law, and facilitate the development of a common body of law.

The regulatory powers act also ensures that Commonwealth regulatory powers are sufficiently certain and predictable while being flexible to ensure agencies with specialised functions can operate effectively. This bill will amend 15 Commonwealth acts to repeal existing provisions providing for regulatory regimes and instead apply the standard provisions of the regulatory powers act. Those acts fall within the portfolios of the Attorney-General's Department and the departments of Agriculture and Water Resources; Defence; Employment; Health; Industry, Innovation and Science; and Social Services.

In most instances the bill will not alter existing arrangements because application of the regulatory powers act will result in either the substitution of an equivalent provision, or a provision that is the same in effect, with modernised technology or minor technical changes reflecting current drafting standards. Where necessary, the amendments will modify the operation of the regulatory powers act to retain existing regulatory powers that do not have equivalent provisions in the regulatory powers act. In a small number of instances, the bill will alter existing arrangements because application of the regulatory powers act will result in the acquisition of new provisions or additional powers or functions. This only occurs where such provisions are necessary for the effective performance of duties or functions and the effective exercise of powers under the regulatory powers act.

Alignment with the regulatory powers act also provides an opportunity to consider whether existing regulatory powers or functions are still relevant and appropriate. Accordingly, in some cases the bill will either repeal or narrow existing regulatory provisions that do not have equivalent provisions in the regulatory powers act on the basis that those existing provisions are no longer required or required in their current form. The standard provisions of the regulatory powers act represent best practice in relation to regulatory powers of general application. That act also includes operational safeguards and maintains parliamentary scrutiny over application of that act to specific regulatory regimes.

The bill will also make minor amendments to the regulatory powers act to clarify the operation of certain provisions and remove unreasonable administrative burdens on agencies exercising regulatory powers under the regulatory powers act. Those amendments relate to the ability to secure evidence of a contravention when exercising monitoring powers, the age of photographs for identity cards, the time period for the making of a civil penalty order and the cap on the amount to be stated in an infringement notice.

Implementing the regulatory powers act supports the government's regulatory reform agenda as that act intends to simplify and streamline Commonwealth regulatory powers across the statute book. Over the last 20 years there has been an enormous proliferation of regulatory powers and associated provisions across the Commonwealth statute book. Those powers and provisions vary in their breadth and detail, resulting in inconsistency or unnecessary duplication across regimes. Standardisation provides regulatory agencies with the opportunity to use more uniform powers and increase legal certainty for businesses and individuals who are subject to those powers. I commend the bill to the House.

Mark Dreyfus (Isaacs, Australian Labor Party, Shadow Attorney General) Share this | Link to this | Hansard source

I rise to speak on the Regulatory Powers (Standardisation Reform) Bill 2016, which Labor will be supporting. The standardisation of Commonwealth legislation was a project of the last Labor government which began under Prime Minister Julia Gillard, the Clearer Law project. As part of its regulatory reform agenda, the Gillard government developed a framework of standard regulatory powers, such as powers of investigation, compliance monitoring and enforcement.

Commonwealth legislation has many provisions that confer powers on agencies to regulate regimes, such as the regime that ensures that Australians have access to paid parental leave or the regime that prevents doping in Australian sport. The idea was that standard regulatory powers would be conferred on agencies that administer regulatory regimes in order to reduce the volume of Commonwealth legislation. A suite of standard provisions containing powers to be conferred on agencies would only be in one act that can be incorporated by reference instead of hundreds of acts that contain similar provisions. This would improve the clarity and reduce the complexity of Commonwealth laws.

These standard provisions were developed by the Gillard government and introduced to parliament as the Regulatory Powers (Standard Provisions) Bill 2014. Unfortunately, the bill lapsed upon prorogation of the parliament on 5 August 2013. The Abbott government then introduced a modified version of the 2013 bill, which became the Regulatory Powers (Standard Provisions) Act 2014. The standard provisions in that act increase legal certainty for agencies because, when they are exercising powers across multiple regimes, they are less likely to make mistakes if the powers and procedures are consistent. The act also reduces the compliance burden on individuals and businesses that are subject to regulatory powers, because the consistency in powers and procedures means that they are more likely to be aware of and exercise their rights and obligations.

The regulatory powers act does not have direct legal effect. The standard provisions must be applied to a particular regulatory scheme through another piece of legislation for either a new act or to amend an existing act. The bill before us today is one such piece of legislation. The bill amends 15 Commonwealth acts that establish regulatory regimes by substituted certain provisions with a corresponding standard provision of the regulatory powers act. The bill also repeals existing provisions conferring powers so that they can be replaced with the standard powers. The acts that are being amended to insert standard provisions are the Australian Sports Anti-Doping Authority Act 2006, the Building Energy Efficiency Disclosure Act 2010, the Coal Mining Industry (Long Service Leave) Administration Act 1992, the Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 199, the Defence Act 1903, the Defence Reserve Service (Protection) Act 2001, the Greenhouse and Energy Minimum Standards Act 2012, the Horse Disease Response Levy Collection Act 2011, the Illegal Logging Prohibition Act 2012, the Industrial Chemicals (Notification and Assessment) Act 1989, the paid parental leave act 2010, the Personal Property Securities Act 2009, the Privacy Act 1988, the Tobacco Plain Packaging Act 2011, and the Weapons of Mass Destruction(Prevention of Proliferation) Act 1995. There are some existing regulatory powers and related provisions in these acts that do not have an equivalent standard provision in the regulatory powers act. The bill provides that those existing provisions will continue to operate. The bill also makes a few minor amendments to the regulatory powers act.

These are all worthy reforms and Labor is pleased to support them. We hope that the government will continue to build on Labor's standardisation reform project in pursuit of less voluminous and less complex legislation. We must all strive to make sure that the statute book is as clear, accessible and comprehensible as possible. I commend the bill to the House.

Debate adjourned.

Leave granted for second reading debate to resume at a later hour this day.