John Williams (NSW, National Party) Share this | Hansard source

I give notice of my intention, at the giving of notices on the next sitting day, to withdraw business of the Senate notice of motion No.1 standing in my name for 15 August 2017, proposing the disallowance of the Legislation (Exemptions and Other Matters) Amendment (Sunsetting and Disallowance Exemptions) Regulation 2016. I seek leave to make a brief statement for about one minute and 20 seconds.

Leave is granted.

The committee's request for information regarding this regulation arose from concerns about the exemption of the migration regulations from the sunsetting requirements of the Legislation Act. On this occasion the committee has resolved to withdraw its protective notice of motion to disallow. However, it remains concerned about the executive use of delegated legislative power to exempt instruments from sunsetting. The committee's view is that any exemption from the sunsetting requirement of legislation act is a significant matter.

The committee's position in relation to the exemption of the migration regulations from sunsetting is based on the circumstances of this particular case and should not be seen as a general acceptance of exemptions from a sunsetting framework. The committee considers that the circumstances in which an exemption will be appropriate are limited, and it will continue to analyse any such proposal carefully. The committee considers that it is essential for parliament to retain direct oversight of the outcomes of the review process of significant pieces of delegated legislation, including the migration regulations. The committee has, therefore, requested that a provision be inserted into the migration regulations to require the minister to table in parliament the review documentation, including the final report that is prepared for the purpose of the new review process. The committee's comments on this matter are contained in Delegated Legislation Monitor 9 of 2017.