Member

Across the entire regulatory regime, the regulator is already required to have regard to the impact on investment, international competitiveness and sporting competition, as it is exercising one of its duties as outlined in the drafting of Clause 7(2). That would also apply to the decision of the expert panel. If we explicitly name the regulator’s general duties in Clause 62, we open up Clause 7(2) to confusion as to whether it applies to all the regulator’s duties, as intended, or to the duties only where it is explicitly referenced. The principles as drafted have been included to ensure that the regulator takes a balanced and proportionate approach when choosing a proposal and outlines additional considerations rather than restating underlying principles.