Unifying Australia’s regulatory powers regime

The Regulatory Powers (Standard Provisions) Act 2014 (Cth) (Regulatory Powers Act) was introduced to provide a standard suite of provisions in relation to regulatory powers exercised by various Commonwealth agencies. It only has effect if a Commonwealth Act is drafted or amended to trigger its provisions, and so in and of itself it does not confer any powers on regulators nor impose any duties or liabilities on regulated entities. Rather, the provisions of the Regulatory Powers Act form a framework of powers that can be referred to in order to support a more effective monitoring, investigation or enforcement regulatory regime.

The Regulatory Powers (Standardisation Reform) Act 2017 (Cth) (Standardisation Act) was then introduced in November 2017. The Standardisation Act is the first significant tranche of legislation amended to trigger the operation of the Regulatory Powers Act. It amends fifteen Commonwealth Acts to remove their regulatory regime provisions and substitutes provisions that trigger the standard provisions of the Regulatory Powers Act. In most cases, the changes are minor as existing regulatory powers are merely replaced by the equivalent provision under the Regulatory Powers Act. The affected Acts fall under the portfolios of the Attorney General’s Department and the Departments of Agriculture and Water; Defence; Employment; Health; Industry, Innovation and Science; and Social Services.

The following Acts have been amended, with majority of the changes to come into force on 7 November 2018:

The 2017 Act has also introduced minor amendments to the Regulatory Powers Act to clarify the operation of specific provisions and remove unreasonable administrative burdens on Commonwealth agencies. These changes include extending the age of photographs for identity cards and widening the ability to secure evidence of a contravention when exercising monitoring powers. Overall, the Standardisation Act furthers the Australian Government’s regulatory reform agenda and streamlines Commonwealth regulatory powers. It is intended to provide greater clarity and consistency, especially for agencies that exercise powers under multiple regulatory regimes, and make it easier for businesses and individuals to understand and comply with the law.

This publication covers legal and technical issues in a general way. It is not designed to express opinions on specific cases. It is intended for information purposes only and should not be regarded as legal advice. Further advice should be obtained before taking action on any issue dealt with in this publication.