Live Performance Federal Insurance Guarantee Fund Bill 2021 [2021] AUSStaCSBSD 196 (1 September 2021)

• Live Performance Federal Insurance Guarantee Fund Bill 2021
• Significant matters in delegated legislation28

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Live Performance Federal Insurance Guarantee Fund Bill 2021

Purpose	This bill seeks to place an obligation on the Treasurer to make a legislative instrument for the establishment, governance and operation of the Live Performance Insurance Guarantee Fund. The purpose of the fund is to underwrite insurance for the live performance industry to deal with the market failure that exists within the insurance industry.
Sponsor	Senator Sarah Hanson-Young
Introduced	Senate on 25 August 2021

Significant matters in delegated legislation^[28]

1.37 Clause 3 of the bill provides that the Treasurer must, within 30 days of the commencement of the provision, make rules to provide for the establishment, governance and operation of a Live Performance Insurance Guarantee Fund. The Fund is intended to underwrite an insurance scheme for the live performance sector in response to the impact of the COVID-19 pandemic on that industry.

1.38 The committee has consistently drawn attention to framework bills, which contain only the broad principles of a legislative scheme and rely heavily on delegated legislation to determine the scope and operation of the scheme. The committee considers that such an approach considerably limits the ability of Parliament to have appropriate oversight over new legislative schemes. Consequently, the committee's view is that significant matters, such as the establishment of a substantial Commonwealth insurance fund, should be included in primary legislation unless a sound justification for the use of delegated legislation is provided. In this instance, the explanatory memorandum contains no justification regarding why it is necessary to allow such significant matters to be set out in delegated legislation.

1.39 The committee draws its scrutiny concerns to the attention of senators and leaves to the Senate as a whole the appropriateness of leaving key aspects of the scope and operation of the proposed Live Performance Federal Insurance Guarantee Fund to delegated legislation.

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[28] Clause 3. The committee draws senators’ attention to this provision pursuant to Senate Standing Order 24(1)(a)(iv).