Review of the Legislation Act 2003 (Cth)
The submission to the Attorney-General’s Department in relation to the Review of the Legislation Act 2003 (Cth) (Act) was prepared by the Law Council of Australia.
The Law Council of Australia makes some brief observations on several matters relevant to the Terms of Reference and raised in the Discussion Paper released as part of the Review.
These concern the extent to which the Act has achieved its objectives in paragraph 3(b) (encouraging rule-makers to undertake appropriate consultation before making legislative instruments) and paragraph 3(e) (improved mechanisms for Parliamentary scrutiny of legislative instruments). Additional comments regarding the use of legislative instruments, the standard of explanatory statements, fundamental legislative principles, the quality of drafting, and the operation of the Federal Register of Legislation are also provided and informed by input received from the Queensland Law Society and the Corporations Committee of the Law Council’s Business Law Section.
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