National Portrait Gallery of Australia Regulation 2013 [Select Legislative Instrument No 99, 2013] [F2013L00914]-New and continuing matters [2013] AUSStaCSDLM 245 (27 June 2013)

• National Portrait Gallery of Australia Regulation 2013 [Select Legislative Instrument No. 99, 2013] [F2013L00914]
• Insufficient description regarding consultation

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National Portrait Gallery of Australia Regulation 2013 [Select Legislative Instrument No. 99, 2013] [F2013L00914]

Purpose	Supports the National Portrait Gallery of Australia Act 2012 to establish the National Portrait Gallery of Australia as a body corporate and a Commonwealth statutory authority from 1 July 2013
Last day to disallow	9 September 2013
Authorising legislation	National Portrait Gallery of Australia Act 2012
Department	Regional Australia, Local Government, Arts and Sport

ISSUE:

Insufficient description 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 for the instrument states only that:

Extensive consultation was undertaken during the drafting of the National Portrait Gallery of Australia Act 2012. Subsequent consultation was also undertaken with the Portrait Gallery and central agencies in regard to the National Portrait Gallery of Australia Regulation 2013.

While the committee does not usually interpret section 26 as requiring a highly detailed description of consultation undertaken, it considers that an overly bare or general description, such as in this case, is not sufficient to satisfy the requirements of the Legislative Instruments Act 2003. The committee therefore requests further information from the minister and requests that the ES be updated in accordance with the requirements of the Legislative Instruments Act 2003.