Amendment-List of Specimens Taken to be suitable for Live Import (03/01/2013) [F2013L00105]-Concluded Matters [2013] AUSStaCSDLM 120 (21 March 2013)

• Amendment - List of Specimens Taken to be suitable for Live Import (03/01/2013) [F2013L00105]
• No information provided regarding consultation

---

Amendment - List of Specimens Taken to be suitable for Live Import (03/01/2013) [F2013L00105]

Purpose	Amends the List of Specimens Taken to be Suitable for Live Import (29/11/2001) to update the scientific name for the sucker catfish
Last day to disallow	15 May 2013
Authorising legislation	Environment Protection and Biodiversity Conservation Act 1999
Department	Sustainability, Environment, Water, Population and Communities

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, 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, as the amendment was a simple taxonomic update to a species name, the instrument was considered to be 'minor or machinery' in nature and consultation was therefore considered unnecessary. The minister further advised that the ES would be updated as requested by the committee.

COMMITTEE RESPONSE:

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