Inquiry into the use of the term good faith in civil penalty and criminal offence provisions in Commonwealth legislation

The Attorney-General's Department conducted an inquiry into use of the term good faith in civil penalty and criminal offence provisions in Commonwealth legislation (including delegated legislation).

We invited public submissions on the topics raised in our consultation paper. The inquiry has now concluded with the final report provided to the Attorney-General on 1 November 2021.

Terms of reference

In considering the use of good faith in civil penalty and criminal offence provisions in Commonwealth legislation, the terms of reference for the inquiry were:

1. Consult as widely as it considers necessary
2. Have regard to judicial consideration of existing good faith requirements, common law jurisprudence and approaches in comparable jurisdictions where relevant
3. Consider the extent to which a lack of legislative definition of the term contributes to any lack of clarity or certainty in civil penalty and offence provisions
4. Consider whether any associated changes to drafting practices and legislative design are required; and
5. Consider any other matters it regards appropriate.

The inquiry reported to the Attorney-General on 1 November 2021.

Download the consultation paper and final report

Read the published submissions

More information

Please contact the department's Administrative Law Section should you wish to discuss any matters relating to this inquiry or would like to set up a meeting.