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2021-22 Review of the Legislation Act 2003

Under Section 59 of the Legislation Act 2003, the Attorney-General must appoint a body to review all aspects of the operation of the Legislation Act.

The Attorney-General has appointed the following people to conduct this review:

  • Ms Sarah Chidgey – Deputy Secretary, Integrity and International Group in the Attorney-General’s Department. Ms Chidgey is the chair of the review panel.
  • Ms Roxanne Kelley PSM ­– Deputy Secretary, Corporate and Foreign Investment Group in the Treasury.
  • Mr Peter Quiggin PSM QC – former First Parliamentary Counsel in the Office of Parliamentary Counsel (2004-2021).

Terms of reference

  1. The review is to consider and report on:
    1. the extent to which the objectives listed in section 3 of the Legislation Act 2003 have been realised
    2. factors, if any, which have limited achievement of the Legislation Act’s objectives
    3. the extent to which the objectives of the Legislation Act are still appropriate
    4. how performance against those objectives might be improved.
  2. The review should have regard to:
    1. the Report of the 2008 Review of the Legislative Instruments Act 2003 (the 2008 Review) and the implementation of those recommendations in the Legislative Instruments Amendment (Sunsetting Measures) Act 2012 and the Acts and Instruments (Framework Reform) Act 2015
    2. the 2017 Report on the Operation of the Sunsetting Provisions in the Legislation Act 2003 and the implementation of those recommendations in the Legislation Amendment (Sunsetting Review and Other Measures) Act 2018
    3. the Interim and Final Reports of the Inquiry into the exemption of delegated legislation from parliamentary oversight of the Senate Standing Committee for the Scrutiny of Delegated Legislation

and without limiting the scope of paragraph 1, may particularly consider:

  1. whether changes implemented as a result of the reports in 2a. and 2b. have achieved their objectives
  2. the extent to which any of the recommendations in the reports in 2c. so far as they relate to the Legislation Act may further the objectives of the Act or may improve performance against the objectives.
  3. To the extent matters raised across the reports referred to above can be considered together, the review should do so.
  4. The review may consider any other related matters it regards appropriate.
  5. Section 60 of the Legislation Act requires that the sunsetting provisions are reviewed in 2027. The review may decide to defer particular issues for consideration in the context of that review.
  6. In preparing its report the review should consult as widely as it considers necessary. 
  7. The review is to provide its report to the Attorney-General by 5 June 2022.

Request for public submissions

The Review Committee invites general reflections and observations from stakeholders about the Legislation Act 2003 and submissions on the 2021-22 Review of the Legislation Act 2003 – Discussion paper.

Have your say on the 2021-22 Review of the Legislation Act 2003

Submissions close on 8 December 2021.

The feedback received will inform the review’s final report.

Find out more

Contact the Administrative Law Section (LegislationActReview@ag.gov.au) if you have any questions about the review, or you would like more information about the consultation process.