REGULATORY REFORM AMENDMENT BILL 1993 Explanatory Notes

Queensland Bills Explanatory Notes

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REGULATORY REFORM AMENDMENT BILL 1993

1 Regulatory Reform Amendment Bill 1993 REGULATORY REFORM AMENDMENT BILL 1993 EXPLANATORY NOTE OBJECTIVES The policy objectives of the Bill are: · To extend the life of the legislative sunset program established under the Regulatory Reform Act 1986; and · To extend the life of subordinate legislation which is due to expire under the Act without resort to the exemption of such legislation--which is at present the only workable option. Continuation would be conditional upon the subordinate legislation in question being subject to review--all with a view towards ensuring that the regulatory burden represented by such legislation is minimised and that the underlying policies thus represented are consistent with the Government's aims and policy objectives. REASONS FOR THE BILL The above-stated policy objectives are of a legislative character. They arise as a consequence of the shortfalls which reside in the Regulatory Reform Act 1986. It follows that they can only be achieved by the enactment either of new or amending legislation. The main alternative to legislative action is to "do nothing" in which case the Regulatory Reform Act will expire on 31 December 1993. Should the Act expire on that date, the legislative sunset program which it establishes will expire with it and the momentum developed to date towards the establishment of a permanent legislative sunset/review program will be lost.

2 Regulatory Reform Amendment Bill 1993 ESTIMATED COST FOR GOVERNMENT IMPLEMENTATION Should the amendment sought be enacted, Departments will be obliged to: · Research the subordinate legislation they administer; · Identify what subordinate legislation is affected; and · Apply for continuation. The Department of Business, Industry and Regional Development (DBIRD) will then be obliged to examine such applications and, where appropriate, arrange for continuation. The estimated cost to Government would be in the vicinity of some $15,900.00 which is calculated as follows: Research and request for continuation: = 48 days @ $300.00 per day = $14,400 Examination and processing by DBIRD = 5 days @ $300.00 per day = $1,500.00 TOTAL = $15,900.00 CONSULTATION All Departments, the Office of the Cabinet, the Office of the Parliamentary Counsel and the Crown Solicitor were consulted in the lead- up to this Bill. NOTES ON PROVISIONS Clause 1 cites the Short Title. Clause 2 states that this legislation amends the Regulatory Reform Act 1986. (The Act)

3 Regulatory Reform Amendment Bill 1993 Clause 3(1) renames the present heading of section 3 of the Act ("Interpretation") and replaces it with the word "Definition"--which is in keeping with contemporary drafting standards. Clause 3(2) removes the word "Minister" and its accompanying description from section 3 of the present Act because the word "Minister" is defined under the Acts Interpretation Act and need not be re-defined in the Bill. Clause 3(3) removes reference to the "Industrial Conciliation and Arbitration Commission" from the present Act and replaces it with a reference to the "Industrial Relations Commission"--as this is the contemporary title. Clause 4 omits reference to "Orders in Council made upon the recommendation of the Minister" from section 4(2)(c) of the present Act and replaces that reference with the word "regulation". This is in keeping with contemporary drafting standards and nominates "regulation" as the appropriate statutory device for effecting an exemption under the Act. Clause 5(1) effects the deletion of section 5(1) from the present Act (under which the legislative sunset program invoked by the Act was originally established) and replaces it with words which provide for the expiry of subordinate legislation on the 7th anniversary of the date upon which such legislation was made. The revised wording of section 5(1) also provides for the avoidance of imminent expiry by way of: (a) repeal; or (b) regulations made in pursuance of section 6 of the revised Act. The legislative sunset program established under the present Act is thus re-established in contemporary form. Clause 5(2) omits all references from section 5(2) of the present Act as to when subordinate legislation shall be taken to have been made because the Statutory Instruments Act already provides that definition.

4 Regulatory Reform Amendment Bill 1993 Clause 6 inserts the provision into the present Act that "the Governor in Council may, by regulation, defer the expiry of subordinate legislation under section 5 for a specific period." This is the provision which allows for the continuation of subordinate legislation (subject to certain administrative considerations) where its expiry would otherwise be imminent. It is this provision which will allow DBIRD to manage the ongoing legislative sunset program established under section 5 of the revised Act. Clause 7(1) re-numbers section 6 of the present Act, which will become section 7 of the revised Act. Clause 7(2) removes the words "upon the advice of the Minister" from section 6 of the present Act which refers to actions by the Governor in Council. This is in keeping with contemporary drafting standards. Clause 7(3) removes the word "Proclamation" from section 6(1)(b) of the present Act and replaces it with the word "regulation", thereby identifying the correct statutory device for effecting the revival of expired legislation, in terms of contemporary legislative practice. Clause 8 removes sections 7 and 8 of the present Act which identify its expiry date, together with the savings which arguably reside in the Acts Interpretation Act, and replaces them with a single date of expiry which is cited as 31 December 1994. The net effect is that the life of the Regulatory Reform Act will be extended by 12 months; that the ambiguity identified by EARC as to the ongoing effects of the legislative sunset program it establishes will be resolved; and the legislative sunset program it establishes will likewise be extended by 12 months. The overall effect will be to put into place an interim arrangement which demonstrates the Government's commitment to the concept of a legislative sunset program, pending the outcome of Government's deliberations in relation to the EARC report on Parliamentary Committees, which also deals with these issues.

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