Subordinate Legislation Confirmation Bill
Government Bill
Explanatory note
General policy statement
This Bill has the following 2 closely related purposes:
●to confirm, or confirm and validate, subordinate legislation (made before 1 July 2015 and not already confirmed by Act) that, by virtue of confirmation provisions in the Acts under which the subordinate legislation is made, will lapse (be deemed to be expired or revoked) at a specified time unless it is earlier confirmed, or confirmed and validated, by an Act of Parliament; and
●to replace with standard provisions in the Legislation Act 2012, but not alter the subordinate legislation covered by, all existing confirmation provisions.
Part 1 is intended to prevent the lapse (deemed expiry or revocation) of certain subordinate legislation that, by virtue of the Acts under which it is made, lapses at a stated time unless earlier confirmed or validated by Act of Parliament. Part 1 relates to items of subordinate legislation made or presented to the House of Representatives in the year ending with the close of 30 June 2015.
Part 2 amends the Legislation Act 2012 to simplify and standardise the terms and operation of the many, and unhelpfully varying, existing confirmation provisions found in different statutes. Rationalising this complex framework will benefit all departments that administer Acts that contain confirmation provisions and will facilitate preparation and enactment of every annual confirming Bill after 2015. Part 2 is a technical revision or consolidation to improve clarity and navigability, and facilitate the operation of confirmation by Act. Part 2 does not, however, prevent separate reconsideration, by Parliament and the Government, of use of confirmation by Act. That scrutiny and control mechanism has, since the Regulations (Disallowance) Act 1989, operated alongside another, more flexible and sophisticated, one: instruments being disallowable and amendable by resolution of the House of Representatives. Reconsideration of confirmation by Act might result in it being used much less often, or even not at all. Part 2 has, however, a narrower and more immediate pur-
