Transport Safety Investigation Amendment Regulation 2012 (No 1) [Select Legislative Instrument 2012 No 263] [F2012L02278] and two related instruments-New and continuing matters [2013] AUSStaCSDLM 4 (7 February 2013)

• Transport Safety Investigation Amendment Regulation 2012 (No. 1) [Select Legislative Instrument 2012 No. 263] [F2012L02278] and two related instruments1
• No information regarding consultation

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Transport Safety Investigation Amendment Regulation 2012 (No. 1) [Select Legislative Instrument 2012 No. 263] [F2012L02278] and two related instruments^[1]

Purpose	Substitutes a new Part 4 in the principal regulations dealing with the reporting of immediately reportable and routinely reportable matters; amends the principal regulations as a consequence of the Transport Safety Investigation (Confidential Reporting Scheme) Regulation 2012; and establishes a scheme for confidential reporting that applies to aviation, marine and rail transport
Last day to disallow	14 May 2013
Authorising legislation	Air Navigation Act 1920; Navigation Act 1912; and Transport Safety Investigation Act 2003
Department	Infrastructure and Transport

ISSUE:

No information 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 will therefore seek further information from the minister and request that the ES be updated in accordance with the requirements of the Legislative Instruments Act 2003.

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^[1] Transport Safety Investigation Amendment Regulation 2012 (No. 2) [Select Legislative Instrument 2012 No. 264] [F2012L02280]; and Transport Safety Investigation (Voluntary and Confidential Reporting Scheme) Regulation 2012 [Select Legislative Instrument 2012 No. 265] [F2012L02281].