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Regulatory Impact Statement:Regulatory Impact Statement: Increasing the Visibility of Legislative Quality Issues

Scope of Analysis:  Policy Measures Consistent with Treasury's Option 5

6. Option 5 was Treasury's alternative, preferred option for improving the quality of legislation, as identified in the 2011 RIS prepared by Treasury to help the Government decide whether to support the Taskforce's proposed Bill.

7. The core features of Option 5, as described in the 2011 RIS, are reproduced again in Annex 1. Rather than require certification of all legislation against a set of pre-specified principles, and allow the courts to test the compatibility of legislation against those principles, the approach proposed in Option 5 is to:

  • require the disclosure, sometimes with explanations, of key features of a piece of legislation to help readers decide where scrutiny is warranted; and
  • strengthen Parliamentary processes for the scrutiny of legislation.

8. Back in 2011, the policy features of Option 5 were described only in indicative terms, and in some cases included alternative options. The purpose of this RIS is to examine the possible features of Option 5 in more detail. Moreover, noting that the 2011 National-ACT Confidence and Supply Agreement refers only to an outcome "based on Option 5" we also consider the potential to refine or expand on the features originally identified. What remains consistent, however, is:

  • the goal of improving the quality of government legislation; and
  • the focus on transparency and support for Parliament's legislative scrutiny role, without bringing the courts further into the legislation-making process.
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