1.11 However, the decision as to whether a particular matter could be included in primary or subordinate legislation may well be influenced by the nature of the subject matter and a variety of other factors. Departments are required to consult OPC about the appropriateness of including particular matters in primary or subordinate legislation. (See also paragraphs 5.65 to 5.67.)
1.12 The Senate Standing Committee for the Scrutiny of Bills, the Parliamentary Joint Committee on Human Rights and the Senate Standing Committee on Regulations and Ordinances each has a role in scrutinising legislation (see also the Parliament House—Committees website for further information on the work of these committees).
WHO HAS RESPONSIBILITY FOR WHICH LEGISLATION?
1.13 The Governor‑General, on the advice of the Prime Minister, makes an Administrative Arrangements Order (AAO) under section 61 of the Constitution to assign responsibilities to ministers (references to ministers throughout the handbook could include assistant ministers and parliamentary secretaries) and departments.
1.14 The AAO sets out the legislation administered by ministers who are appointed to administer a department, and the matters to be dealt with by each department. Where a portfolio has more than one minister, each of those ministers administer the department with the effect that all ministers are formally able to administer the legislation associated with the department (see Acts Interpretation Act 1901, sections 19 and 19A).
1.15 In practice, each minister in a portfolio will have discrete areas of policy and legislative responsibility.
Bills affecting other ministers' legislation or portfolio interests
1.16 Where the measures proposed in a bill may affect the responsibilities of another minister, or affect their portfolio interests, that minister must be consulted in writing and give agreement to the proposal unless this has already been agreed by the Cabinet. (See paragraphs 3.13 to 3.17 for further details on consultation.)
1.17 Where a bill amends legislation that is the responsibility of another minister, the department which administers the legislation must be consulted on the text of the proposed amendments. Approval must be in writing before the bill can be introduced in the Parliament (see paragraph 6.8).
1.18 The Minister for Finance must be consulted on any bill containing a special appropriation or special account.
REDUCING THE COMPLEXITY OF LEGISLATION
1.19 Complex legislation can create uncertainties about the law and impose unnecessary burdens on businesses, community organisations and individuals. It can also restrict the ability of those affected by the law to understand their legal rights and obligations. Further information on plain language and reducing complexity is available on the AGD and OPC websites.
