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drafting, such onerous and exacting legal work did not appeal to everyone …As the need for professional and experienced drafters grew with the expanding size and complexity of the
Commonwealth statute book, greater attention was paid to the recruitment, training and retention of those dedicated to a career in this 'peculiar art'. Some experts avowed that drafters were born, not made, others focused on nurturing drafting skills over time through trial, error and patient training.
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demanded specialist skills, not just technical ability but the requisite professional ethos. While the basic criteria - high-level academic qualifications, excellent language skills, imaginative yet systematic thinking, meticulous attention to detail and a degree of diplomacy - were not exclusive to
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OPC was initially responsible for drafting both primary and delegated legislation, and for printing laws. However, in 1973 the function of drafting delegated legislation was transferred to the
Attorney-General's Department, with OPC retaining responsibility for drafting Bills and amendments of Bills
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The work of a parliamentary draftsman offers a real challenge to a lawyer: He is involved in the essential processes of government: he has to perform the exacting task of translating what is at times the broadly and even loosely expressed ideas of practicing politicians into legislation that will
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incorporating the functions and responsibilities of the now-defunct ComLaw and
Federal Register of Legislative Instruments. The Register provides copies of all in force and superseded federal legislation, as well as legislative instruments, Regulations, Determinations, Notifiable Instruments and
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Administrative
Arrangement Orders from 1901 onwards. Most historical legislation may be made available by request. Unedited versions of legislation taken from the Federal Register of Legislation are able to be held as "authorised versions" of such legislation, and are admissible to court.
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website including managing the registration of new legislation, preparing compilations of
Commonwealth legislation and providing editorial services for OPC drafted legislation. OPC continues to work on projects to make historical legislation accessible on the Legislation Register.
159:(currently these include limited editorial powers for First Parliamentary Counsel and responsibility for promoting the legal effectiveness, clarity and intelligibility of legislative instruments and notifiable instruments) and any other laws of the Commonwealth; and
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the publishing, and the making of arrangements for the printing and publishing, of laws, and proposed laws, of the
Commonwealth, compilations, and reprints of laws of the Commonwealth and information relating to laws of the Commonwealth;
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Arrangements for the drafting of
Commonwealth legislation were put in place at the very beginning of Australia's federation as a nation in 1901. Originally, the Secretary to the Attorney-General's Department was the
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with the written approval of the
Minister—the provision of assistance to a foreign country in relation to the drafting, printing or publishing of laws of the country or information relating to those laws.
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After a series of parliamentary reports identified a shortage of drafters and a backlog of drafting work, the statutory agency known as the Office of
Parliamentary Counsel was created in 1970.
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66:, with a separate position not created until 1946. By 1954, a Parliamentary Drafting Division had been formed within the Attorney-General's Department to draft both Bills and regulations.
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In addition to the three statutory office-holders of First
Parliamentary Counsel and two Second Parliamentary Counsel, OPC has around 100 staff employed under the
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is the Australian Government's official register of federal legislation, run by the Office of Parliamentary Counsel. It was created by the
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portfolio. OPC drafts all government Bills that are introduced into the federal Parliament, legislative instruments made by the
36:
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Australia. Parliament. House of Representatives. Standing Committee on Legal and Constitutional Affairs. (1993).
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Australia. Parliament. House of Representatives. Standing Committee on Legal and Constitutional Affairs. (1993).
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The functions of drafting delegated legislation and publishing legislation were transferred back to OPC in 2012.
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the drafting of amendments of proposed laws that are being considered by either House of the Parliament; and
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OPC also has 20 corporate services staff covering areas such as finance, administration, and IT services.
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the preparing and publishing of Government Notices Gazettes, including Special and Periodic Gazettes; and
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the preparing of compilations and reprints of, and information relating to, laws of the Commonwealth; and
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OPC was established in 1970 and is currently led by Meredith Leigh, First Parliamentary Counsel.
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Clearer Commonwealth law: report of the inquiry into legislative drafting by the Commonwealth
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Clearer Commonwealth law: report of the inquiry into legislative drafting by the Commonwealth
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the drafting of proposed laws for introduction into either House of the Parliament; and
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50:) to provide access to authorised, up-to-date versions of Commonwealth laws.
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In introducing the legislation establishing OPC, the Attorney-General said
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functions conferred on OPC (or on First Parliamentary Counsel) under the
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Fitting the bill : a history of Commonwealth Parliamentary drafting
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83:, Carmel Meiklejohn observes that the role of drafting legislation
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OPC has around 40 publishing staff who develop and operate the
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Commonwealth of Australia, House of Representatives (1970).
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376:. Australian Government Pub. Service. p. 2.
341:. Australian Government Pub. Service. p. 1.
567:Commonwealth Association of Legislative Counsel
411:. Office of Parliamentary Counsel. p. 15.
211:1986 to 1993: Ian Maclean Lindsay Turnbull QC
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251:1946 to 1949: Martin Charles Boniwell CBE
142:the drafting of delegated legislation; and
16:Australian Commonwealth government agency
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244:1949 to 1972: John Qualtrough Ewens
214:1981 to 1986: Geoff Kolterman Kolts
132:(Cth) the functions of OPC include:
184:List of First Parliamentary Counsel
25:Australian Commonwealth government
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191:2004 to 2021: Peter Alan Quiggin
113:stand the scrutiny of the courts.
597:1970 establishments in Australia
587:Government agencies of Australia
311:"Parliamentary Counsel Act 1970"
188:2021 to present: Meredith Leigh
572:Federal Register of Legislation
538:Federal Register of Legislation
512:Federal Legislation of Register
470:. pp. vol. HR. 66, p. 380.
173:Federal Register of Legislation
167:Federal Register of Legislation
21:Office of Parliamentary Counsel
130:Parliamentary Counsel Act 1970
31:(Cth) within the Commonwealth
29:Parliamentary Counsel Act 1970
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285:Attorney-General's Department
27:agency established under the
405:Meiklejohn, Carmel (2011).
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263:Sir Robert Randolph Garran
442:"Public Service Act 1999"
592:Parliament of Australia
256:Sir George Shaw Knowles
128:Under section 3 of the
99:Public Service Act 1999
73:before the Parliament.
64:Parliamentary Draftsman
508:"Legislation Act 2003"
487:www.legislation.gov.au
483:"Legislation Act 2003"
446:www.legislation.gov.au
315:www.legislation.gov.au
236:Charles Kennedy Comans
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103:parliamentary counsel
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223:Bronte Clucas Quayle
177:Legislation Act 2003
157:Legislation Act 2003
119:Legislation Register
514:. 25 February 2019
258:CBE, OBE, MA, LLM
79:In OPC's history,
33:Attorney-General's
418:978-1-921725-76-0
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562:Official website
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42:Legislation
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543:22 January
518:22 January
492:14 January
451:13 January
320:13 January
291:References
241:, OBE, QC
427:756044745
205:PSM, QC,
93:Functions
392:35774114
357:35774114
279:See also
47:Register
534:"About"
468:Debates
272:, CMG,
57:History
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440:PMC.
218:, QC
545:2024
520:2024
494:2020
481:AG.
453:2020
423:OCLC
413:ISBN
388:OCLC
378:ISBN
353:OCLC
343:ISBN
322:2020
309:AG.
270:KCMG
266:GCMG
171:The
19:The
246:CMG
239:CBE
216:OBE
193:PSM
149:and
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