House debates

Monday, 23 June 2014

Bills

Regulatory Powers (Standard Provisions) Bill 2014; Second Reading

6:49 pm

Photo of Michael KeenanMichael Keenan (Stirling, Liberal Party, Minister for Justice) Share this | Hansard source

I will sum up. Thank you to the member for Gellibrand for that contribution to this debate on the Regulatory Powers (Standard Provisions) Bill 2014. I would like to thank all of the members who made a contribution—consequently, this will be a relatively short speech! But I will note that the member for Isaacs also noted the important reforms that were made in this bill, including to further the government's deregulation agenda, something that was noted by his colleague the member for Gellibrand. Both of them correctly noted that the bill has been considered previously by the parliament. However, unlike the bill introduced by the previous government, this bill recognises the importance of protecting fundamental privileges by expressly preserving the privilege against self-incrimination and legal professional privilege. This bill also recognises the importance of close parliamentary scrutiny by ensuring that the provisions of this bill can only be triggered by primary legislation, as previously recommended by the Senate Legal and Constitutional Affairs Legislation Committee.

I would also briefly like to respond to the member for Isaac's comments on the government's intention to abolish the Office of the Independent National Security Legislation Monitor. This decision is in line with the government's commitment to streamline government by removing duplication or overlap of responsibilities between Commonwealth government agencies and offices. We have the benefit of the considerable body of recommendations and analysis from the four annual reports provided by the monitor since 2001. The best way forward is to work through and respond publicly to those recommendations, together with those of other recent independent reviews. This includes responding to the recommendations in the monitor's second annual report provided to the former Labor government in December 2012 but simply ignored.

The government is pleased to facilitate the passage of the Regulatory Powers (Standard Provisions) Bill 2014. The bill represents an important step in improving Australia's law and justice system and demonstrates a commitment by the government to simplify and streamline the law. The bill will provide a standard suite of regulatory powers to be applied across Commonwealth regulatory regimes. Over time, this will reduce the length of the statute book enormously and will provide a level of consistency and certainty in the scope and exercise of powers by Commonwealth regulatory agencies. This bill will make it easier for individuals and businesses to understand their rights and responsibilities and comply with the law. This will reduce legal costs and risks, promote greater access to justice and reduce the regulatory burden on businesses that are subject to multiple regimes.

I thank the Parliamentary Joint Committee on Human Rights, the Senate Standing Committee for the Scrutiny of Bills and the Legal and Constitutional Affairs Legislation Committee for their consideration of this bill. In particular I would like to note the recommendation of the Legal and Constitutional Affairs Legislation Committee that the explanatory memorandum be amended to provide more detail on the government strategy for progressively implementing this bill. The government has considered the report of the committee and in response I table a replacement explanatory memorandum for this bill to address the recommendations of the committee. I would like to thank the Office of Parliamentary Counsel for the significant commitment to preparing this bill and seeking to improve the clarity and consistency of Commonwealth laws. Finally, I mention the 2003 report of the Australian Law Reform Commission, Principled regulation: federal civil and administrative penalties in Australia,which recommended that the bill of general application should be enacted to govern non-criminal contraventions of federal law. This significant report has contributed to the development of the provisions in this bill. I commend the bill to the House.

Question agreed to.

Bill read a second time.

Ordered that this bill be reported to the House without amendment.

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