Schools Assistance (Guidelines for Determining Socio-Economic Status (SES) Scores) Amendment 2013 (No 1) [F2013L00349]-New and Concluded Matters [2013] AUSStaCSDLM 92 (14 March 2013)

• Schools Assistance (Guidelines for Determining Socio-Economic Status (SES) Scores) Amendment 2013 (No. 1) [F2013L00349]
• Drafting

Schools Assistance (Guidelines for Determining Socio-Economic Status (SES) Scores) Amendment 2013 (No. 1) [F2013L00349]

Purpose	Amends the Guidelines for Determining Socio-Economic Status (SES) Scores 2008 to reflect the extension of funding for recurrent expenditure under the Schools Assistance Act 2008.
Last day to disallow	24 June 2013
Authorising legislation	Schools Assistance Act 2008
Department	Education, Employment and Workplace Relations

ISSUE:

Drafting

The instrument states that it is made under subsection 72(3) of the Schools Assistance Act 2008. As subsection 72(3) contains no express power to amend, vary or revoke such guidelines, the instrument presumably relies also on the power contained in subsection 33(3) of the Acts Interpretation Act 1901, which provides that the power to make an instrument includes the power to vary or revoke the instrument. If that is the case, it would be preferable for the making words of the instrument and the ES to clearly identify the authority for the exercise of the power. The committee will therefore draw this issue to the attention of the minister.