Robert McClelland (Barton, Australian Labor Party, Attorney-General) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

This bill amends the Legislative Instruments Act 2003.

The Legislative Instruments Act provides general rules for the making, registration and sunsetting (that is, automatic ceasing) of legislative instruments. The purpose of the sunsetting process is to ensure that legisl­ative instruments are kept up to date and only remain in force for so long as they are needed.

Purpose of the bill

The main purpose of this bill is to refine the way in which the sunsetting provisions apply to legislative instruments which commence retrospectively.

The current rule is that instruments sunset 10 years after they commence. This ensures that legislative instruments are reviewed regularly and, where they are no longer required, cease to have effect after that 10-year period. This rule also applies to retrospectively commencing instruments. This means that these instruments can sunset less than 10 years after they are made or, in some cases, even before they are made where they need to operate more than 10 years in the past.

This amendment to the act would provide for a new rule for retrospectively commenc­ing legislative instruments. This new rule would use the date of registration rather than commencement as the relevant starting point for the 10-year period.

This change would allow for instruments to be made with retrospective commence­ment, but would allow them 10 years of prospective operation before they sunset. This gives rule makers additional flexibility in making these instruments, without removing the requirement that the instrument be reviewed every 10 years.

The bill does not alter any other rules in the Legislative Instruments Act about when instruments may commence retrospectivity.

Conclusion

This minor amendment to the act refines the operation of the sunsetting provisions to allow them to operate more effectively in relation to retrospectively commencing instru­ments.

I commend the bill to the House.

Debate adjourned.