Aviation Transport Security Amendment Regulation 2012 (No 6) [Select Legislative Instrument 2012 No 304] [F2012L02424]-Concluded Matters [2013] AUSStaCSDLM 100 (14 March 2013)

• Aviation Transport Security Amendment Regulation 2012 (No. 6) [Select Legislative Instrument 2012 No. 304] [F2012L02424]
• No information provided regarding consultation

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Aviation Transport Security Amendment Regulation 2012 (No. 6) [Select Legislative Instrument 2012 No. 304] [F2012L02424]

Purpose	Makes a number of amendments to the principal regulations
Last day to disallow	15 May 2013
Authorising legislation	Aviation Transport Security Act 2004
Department	Infrastructure and Transport

ISSUE:

No information provided regarding consultation

Section 17 of the Legislative Instruments Act 2003 directs a rule-maker to be satisfied that appropriate consultation, as is reasonably practicable, has been undertaken in relation to a proposed instrument, particularly where that instrument is likely to have an effect on business. Section 18 of the Act, however, provides that in some circumstances such consultation may be unnecessary or inappropriate. The ES which must accompany an instrument is required to describe the nature of any consultation that has been carried out or, if there has been no consultation, to explain why none was undertaken (section 26). With reference to these requirements, the committee notes that the ES accompanying the instrument contains no reference to consultation [the committee sought further information from the minister and requested that the ES be updated in accordance with the requirements of the Legislative Instruments Act 2003].

MINISTER'S RESPONSE:

The minister advised that consultation was undertaken through the department's Regional Industry Consultative Meeting, Aviation Security Training Advisory Group and the Employee Consultative Forum on matters relating to the operational period of regional and remote airports, and the removal of the requirement for screening officers to hold state/territory security guard licences. Meetings were held with representatives of aviation industry bodies and employment associations between December 2010 and August 2012. Consultation was not undertaken for the remaining parts of the amendments as they were considered to be minor or machinery in nature. The minister further advised that the ES had been amended to include information on the consultation undertaken on this regulation.

COMMITTEE RESPONSE:

The committee thanks the minster for his response and has concluded its interest in the matter.