Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN TOURIST COMMISSION REPEAL REGULATIONS 2004 2004 NO. 394

The operative provisions of the Tourism Australia Act 2004, and the Tourism Australia (Repeal and Transitional Provisions) Act 2004 (the Act) commenced on 1 July 2004. Tourism Australia, a statutory body subject to the Commonwealth Authorities and Companies Act 1997, commenced operations on the same day.

Tourism Australia is an amalgamation of the Australian Tourist Commission, See Australia Ltd, Bureau of Tourism Research and the Tourism Forecasting Council, and is responsible for international and domestic tourism marketing, events and tourism research.

The Act provides, under section 5, for the repeal of the Australian Tourist Commission Act 1987 (the ATC Act). The repeal took effect on 1 July 2004.

The purpose of the Regulations is to repeal various regulations made under the ATC Act that are no longer enforceable as the principal Act has been repealed. It is also a matter of good management of the statute books to remove these non-effective regulations.

Section 51 of the ATC Act provided the regulation-making power for the Australian Tourist Commission (Allowances) Regulations, the Australian Tourist Commission Regulations 2000, and the Australian Tourist Commission Amendment Regulations 2002 (No.1). Under the Acts Interpretation Act 1901, the power to make regulations is construed as including the power to repeal them. Since the ATC Act was repealed with effect on 1 July 2004, the original power to repeal the regulations made under that Act no longer exists.

However, subsection 51(1) of the Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. Further, subsection 51(2) provides that the regulations may be made dealing with other transitional matters arising out of the repeal of the ATC Act and the enactment of the Act and the Tourism Australia Act 2004. The repeal of regulations made under the ATC Act is such a transitional matter, therefore regulations to do so may be made under subsection 51(1) of the Act.

Two instruments are required to repeal the three regulations that were made under the ATC Act: the Australian Tourist Commission Repeal Regulations 2004 and the Australian Tourist Commission (Allowances) Repeal Regulations 2004.

The Regulations would commence on the date of their notification in the Gazette.