Nuclear Non-Proliferation (Safeguards) Amendment Regulation 2012 (No 1) [Select Legislative Instrument 2012 No 292] [F2012L02423]-Concluded Matters [2013] AUSStaCSDLM 126 (21 March 2013)

• Nuclear Non-Proliferation (Safeguards) Amendment Regulation 2012 (No. 1) [Select Legislative Instrument 2012 No. 292] [F2012L02423]
• No explanation provided regarding consultation

Nuclear Non-Proliferation (Safeguards) Amendment Regulation 2012 (No. 1) [Select Legislative Instrument 2012 No. 292] [F2012L02423]

Purpose	Amends the Nuclear Non-Proliferation (Safeguards) Regulations 1987 to update the list of prescribed international agreements in accordance with which powers under the Nuclear Non-Proliferation (Safeguards) Act 1987 are to be exercised
Last day to disallow	15 May 2013
Authorising legislation	Nuclear Non-Proliferation (Safeguards) Act 1987
Department	Foreign Affairs and Trade

ISSUE:

No explanation 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 the regulation updated the list of prescribed international agreements according to which powers under the Nuclear Non-Proliferation (Safeguards) Act 1987 are to be exercised. Those agreements had been tabled in both Houses of Parliament prior to ratification to facilitate public consultations and scrutiny by the Joint Standing Committee on Treaties. The minister considered that consultation in relation to the regulation was unnecessary as it effected only minor changes.

COMMITTEE RESPONSE:

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