National Land Transport (Exemption from Public Tenders for State Projects) Determination 2014 [F2014L01342] -New matters [2014] AUSStaCSDLM 209 (19 November 2014)

• National Land Transport (Exemption from Public Tenders for State Projects) Determination 2014 [F2014L01342]

Chapter 1

New and continuing matters

This chapter lists new matters identified by the committee at its meeting on 19 November 2014, and continuing matters in relation to which the committee has received recent correspondence. The committee will write to relevant ministers or instrument makers in relation to substantive matters seeking further information or an appropriate undertaking within the disallowance period.

Matters which the committee draws to the attention of the relevant minister or instrument maker are raised on an advice-only basis and do not require a response.

This report considers all disallowable instruments tabled between 10 October 2014 and 23 October 2014. All instruments tabled in this period are listed on the Senate Disallowable Instruments List.^[1]

New matters

National Land Transport (Exemption from Public Tenders for State Projects) Determination 2014 [F2014L01342]

Purpose	Allows for States and Territories to be exempt from calling for public tenders if the work is below $100,000
Last day to disallow[2]	10 February 2015
Authorising legislation	National Land Transport Act 2014
Department	Infrastructure and Regional Development

Issue:

No 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 explanatory statement (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 provides no description of the nature of the consultation undertaken. 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.

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^[1] Senate Disallowable Instruments List, available at http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/leginstruments/Senate_Disallowable_Instruments_List

^[2] 'Last day to disallow' refers to the last day on which notice may be given of a motion for disallowance in the Senate.