The Regulatory Powers (Standard Provisions) Bill 2012 was introduced in the House of Reps Wed 10.10.2012.
It seeks to provide for a framework of standard regulatory powers exercised by agencies across the Commonwealth. The Bill would only apply to regulatory schemes that trigger its provisions through amendment of existing legislation or the introduction of new legislation. The key features of the Bill include monitoring and investigation powers as well as enforcement provisions through use of civil penalty, infringement notices, enforceable undertakings and injunctions.
The Bill provides for monitoring whether legislation is being complied with, or that information given to the Commonwealth in compliance, or purported compliance, is correct. The investigation powers contained in the Bill would allow investigation of suspected contraventions of offences and civil penalty provisions. The investigation powers include powers to search and seize evidential material as well as inspect, examine, measure and test anything on the premises. The Bill also provides for the use of civil penalty provisions, infringement notices and injunctions to enforce provisions, and the acceptance and enforcement of undertakings relating to compliance with provisions.
The provisions of the Bill deal with matters such as: (i) monitoring whether provisions of an Act have been, or are being complied with; (ii) gathering evidence that relates to offences and civil penalty provisions; (iii) the use of civil penalties to enforce provisions; (iv) the use of infringement notices to enforce provisions; (v) the acceptance and enforcement of undertakings relating to compliance with provisions; and (vi) the use of injunctions to enforce provisions.
Once enacted, the Act will be rolled out progressively. Following passage of the Bill, new Acts or Regulations that require investigation or enforcement powers of the kind available under the Regulatory Powers Bill would be drafted to trigger the relevant provisions.
[LTN 196, 10/10]