List of recommendations

List of recommendations

Recommendation 1

3.33       The committee recommends that the government consider developing best practice guidelines for the policy formulation, drafting, implementation, enforcement, monitoring and administration of autonomous sanctions. These guidelines could be informed by relevant international resources, research and public consultation.

Recommendation 2

3.41       The committee recommends that the government amend the Explanatory Memorandum to include guidance about the types of 'other writing' that may be incorporated by reference in regulations made under subclause 10(3).

Recommendation 3

3.56       The committee recommends that the government should amend the Explanatory Memorandum to set out the reasons for including subclause 14(5).

Recommendation 4

3.63       The committee recommends that the government consider:

Recommendation 5

3.73       The committee recommends that the government amend the Explanatory Memorandum to include a statement of reasons for the imposition in subclause 16(8) of strict liability in respect of the offences contained in subclauses 16(5) and 16(6).

Recommendation 6

3.88       The committee recommends that, for the avoidance of doubt, the government consider including in subclause 16(2) an element that an individual must hold an authorisation.

Recommendation 7

3.104    The committee recommends that the government consider including in the bill or the Explanatory Memorandum an express statement of the fault elements applicable to each of the physical elements of the offences set out in Clause 17.

Recommendation 8

3.108    The committee recommends that the government consider including in the bill:

Recommendation 9

3.117    The committee recommends that the government amend the Explanatory Memorandum to the bill to set out the reasons for:

Recommendation 10

3.118    The committee recommends that the government consider extending the use immunity recognised in subclause 22(2) to documents provided pursuant to a notice issued under Clause 19.

Recommendation 11

3.127    The committee recommends that the government amend the Explanatory Memorandum to the bill to explain the reasons for the immunity contained in Clause 25.

Recommendation 12

3.134    The committee recommends that the government amend the Explanatory Memorandum to the bill to set out the reasons for including the following clauses:

Recommendation 13

3.146    The committee recommends that, subject to consideration of recommendations 1-12 of this report, the Senate pass the bill.

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