Commonwealth of Australia Explanatory Memoranda

[Index] [Search] [Download] [Bill] [Help]

LEGISLATIVE INSTRUMENTS AMENDMENT (SUNSETTING MEASURES) BILL 2012

                             2010 - 2011 - 2012




               THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA



                                   SENATE



                      Legislative Instruments AMENDMENT
                       (Sunsetting Measures) Bill 2012


                              CORRECTION TO THE
                           EXPLANATORY MEMORANDUM



NOTES ON CLAUSES

Schedule 1 - Repeal of spent instruments and provisions

Item 26

Omit 'New subsection 26(1B) states that a new explanatory statement is not
required when an instrument or provision is substantially the same as an
existing instrument or provision.  In such a situation, the information in
the existing explanatory statement can be relied upon', substitute 'New
subsection 26(1B) states that an explanatory statement need not contain an
explanation in full of the purpose and operation of a new instrument or
provision if it replaces and is substantially the same as a specified
instrument or provision.  This provision will enable and encourage
statements to identify changes and focus on the purpose and operation of
these changes, and on other issues such as consultation and human rights
compatibility.'

Omit 'New subsection 26(1C) states that a rule-maker can, at their
discretion, provide an explanatory statement for new instruments and
provisions', substitute 'New subsection 26(1C) states that a rule-maker
can, at their discretion, provide a more detailed explanation of the
purpose and operation of a new instrument or provision that is
substantially the same as an existing one. This may be appropriate if, for
example, no explanatory statement was required when the existing instrument
or provision was first made.'


              (Circulated by authority of the Attorney-General,
                          the Hon Nicola Roxon MP)