Inquiry into the use of the term good faith in civil penalty and criminal offence provisions in Commonwealth legislation
The Attorney-General's Department is conducting an inquiry into use of the term good faith in civil penalty and criminal offence provisions in Commonwealth legislation (including delegated legislation).
We invite public submissions on the topics raised in our consultation paper. Submissions close Friday 23 July 2021.
Terms of reference
In considering the use of good faith in civil penalty and criminal offence provisions in Commonwealth legislation, the inquiry will:
- Consult as widely as it considers necessary
- Have regard to judicial consideration of existing good faith requirements, common law jurisprudence and approaches in comparable jurisdictions where relevant
- Consider the extent to which a lack of legislative definition of the term contributes to any lack of clarity or certainty in civil penalty and offence provisions
- Consider whether any associated changes to drafting practices and legislative design are required; and
- Consider any other matters it regards appropriate.
The inquiry is to report to the Attorney-General on these matters by 1 September 2021.
Discussion questions are included as guidance. They are not intended to limit the scope of responses.
Make a submission
The inquiry is seeking submissions from all interested stakeholders.
Please email your submission to firstname.lastname@example.org by Friday 23 July 2021.
Submissions received after this date may not be considered.
AGD also invites all interested individuals and organisations to meet during this time should you want to discuss your experience and feedback ahead of a written submission.
We may publish submissions on this website. If you do not want your submission to be published, mark it as confidential.
We may redact parts of published submissions, as appropriate.
Note: Submissions or comments are generally subject to freedom of information processes.
Please contact the department's Administrative Law Section should you wish to discuss any matters relating to this inquiry or would like to set up a meeting.