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Express law

5 October 2012

Transfer of OLDP functions to the Office of Parliamentary Counsel

The Parliamentary Counsel and Other Legislation Amendment Act 2012 with effect from 1 October 2012, transferred functions formerly undertaken by the Office of Legislative Drafting and Publishing to the Office of Parliamentary Counsel. It also transferred related functions formerly undertaken by the Secretary of the Attorney-General's Department to the First Parliamentary Counsel and made consequential amendments in relation to the drafting of rules of court.

Functions transferred

Functions transferred by the Act include:

  • drafting of subordinate legislation
  • preparation of compilations, reprints and information relating to Commonwealth laws
  • making of arrangements for printing and publishing Commonwealth laws and proposed laws, including compilations and reprints of Commonwealth laws
  • preparation and publication of Government Notices Gazettes
  • provision of assistance to foreign countries in drafting, publishing and printing their laws and information relating to those laws
  • maintenance of the Federal Register of Legislative Instruments
  • promotion of the legal effectiveness and clarity of legislative instruments.

Implications of Commonwealth Agencies

The transfer of functions is intended to facilitate the introduction of a more consistent approach to the drafting of bills and legislative instruments and maximise the use and flexibility of Commonwealth drafting resources. However, arrangements under which agencies can themselves draft some legislative instruments are not changed.

Also, although the Office of Parliamentary Counsel will be able to charge fees for new functions that it has taken on, it will not be able to charge for bill drafting functions that it had before the transfer took effect.

 

For further information please contact:

Jenny Francis
Senior General Counsel
T 02 6253 7108 F 02 6253 7304
jenny.francis@ags.gov.au

Tara McNeilly
Senior General Counsel
T 02 6253 7374 F 02 6253 7304
tara.mcneilly@ags.gov.au

Important: The material in Express law is provided to clients as an early, interim view for general information only, and further analysis on the matter may be prepared by AGS. The material should not be relied upon for the purpose of a particular matter. Please contact AGS before any action or decision is taken on the basis of any of the material in this message.