Family Assistance (Public Interest Certificate Guidelines) (DSS) Determination 2014 [F2014L00973]-New and continuing matters [2014] AUSStaCSDLM 159 (27 August 2014)

• Family Assistance (Public Interest Certificate Guidelines) (DSS) Determination 2014 [F2014L00973]

Family Assistance (Public Interest Certificate Guidelines) (DSS) Determination 2014 [F2014L00973]

Purpose	Revokes the Family Assistance (Public Interest Certificate Guidelines) (FaHCSIA) Determination 2010 and specifies Guidelines to assist the Secretary (or the delegate) of the Department of Social Services in the exercise of power to disclose information and in the determination of what is considered to be 'the public interest'
Last day to disallow	25 September 2014
Authorising legislation	A New Tax System (Family Assistance) (Administration) Act 1999
Department	Social Services

Issue:

Drafting

This instrument states it is made under subparagraph 169(1)(a)(i) and paragraph 169(1)(b) of the A New Tax System (Family Assistance) (Administration) Act 1999 (the Act). The committee notes that the current version of the Act (as registered on FRLI) contains no such provisions. Those provisions were replaced by item 6 of Schedule 4 to the Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011 (which commenced on 26 July 2011). The committee notes that, despite reference to an incorrect empowering provision, the law would generally allow the exercise of a power to stand as long as the authorising Act elsewhere contains a provision to support the exercise of the power.^[1] However, it is preferable to correctly identify the empowering provisions. The committee therefore draws this matter to the attention of the minister.

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^[1] See Pearce and Argument, Delegated legislation in Australia, 4th edition, paras [13.20] to [13.24].