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PARLIAMENTARY BUSINESS COMMITTEE MINUTES

2.6 Cabinet minutes setting out PBC decisions about the legislation programme, including deadlines applying to the sitting period, are sent to all ministers and departments. Minutes of the PBC do not normally require endorsement by the Cabinet.

2.7 A decision by the PBC on a bill's priority does not give approval for the policy underlying that bill. Similarly, an election commitment, a reference to proposed legislation in the Governor‑General's speech at the opening of a Parliament or a ministerial media release does not give policy approval or confer any priority on the legislation for a particular sitting period. Policy approval is a separate process (see Chapter 3).

FAILURE TO MEET DEADLINES

2.8 Category T bills on the programme which do not meet the deadlines set by the PBC for introduction may be downgraded in priority by the PBC. A lack of progress in seeking policy approval or issuing drafting instructions for a bill may result in that bill being accorded a lower priority. The PBC will consider the views of ministers before deciding whether to downgrade bills on the legislation programme. Decisions will be recorded in Cabinet minutes.

DELETIONS FROM THE LEGISLATION PROGRAMME

2.9 If a bill on the programme is not to go ahead, the departmental LLO is expected to advise the Legislation Section in PM&C and OPC in writing (letter or email) as soon as practicable.

IMPACT OF LEGISLATION ON BUSINESSES, COMMUNITY ORGANISATIONS AND INDIVIDUALS

2.10 The Government requires a regulation impact statement (RIS) to be prepared for all proposed new or amending legislation which is likely to have a regulatory impact on businesses, community organisations or individuals, unless the impact is of a minor or machinery nature and does not substantially alter existing arrangements. All Cabinet submissions must contain a RIS.

2.11 Departments need to consider the RIS requirements for each bill proposed to be included in the legislation programme, and must contact the Office of Best Practice Regulation (OBPR) to determine whether a RIS is required.

Regulation impact statements

2.12 A RIS must be prepared by a department or agency if the OBPR advises a RIS is required. The purpose of the RIS is to ensure that departments and agencies fully consider the costs and benefits of all viable options, with a view to choosing the options with the highest net benefit. The RIS is to be submitted with the request for policy approval (see paragraphs 3.7(d), 3.10(b) and 3.19(e)) and included in the explanatory memorandum (see paragraphs 7.14 to 7.15).

2.13 The Australian Government Guide to Regulation and related material are available to assist departments in the preparation of RISs.