Declaration of 'corresponding State laws' [F2013L02043]-Concluded matters [2014] AUSStaCSDLM 64 (26 March 2014)

• Declaration of 'corresponding State laws' [F2013L02043]

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Declaration of 'corresponding State laws' [F2013L02043]

Purpose	Declares the South Australian Prohibition of Human Cloning for Reproduction Act 2003 to be a corresponding state law
Last day to disallow	20 March 2014
Authorising legislation	Research Involving Human Embryos Act 2002
Department	Health

Issue:

Delay in registering instrument

This instrument was registered on 4 December 2013. It is dated 3 November 2009. The ES for the instrument states that it 'is to take effect from the day after it is registered on the Federal Register of Legislative Instruments (FRLI)' (consistent with subsection 12(1) of the Legislative Instruments Act 2003).

However, the committee notes that subsection 25(1) of the Legislative Instruments Act 2003 requires a rule-maker to lodge a legislative instrument for registration 'as soon as practicable' after the instrument is made. In the case of this instrument, the accommpanying ES provides no explanation as to why it was not practicable to lodge the instrument for registration until approximately four years after it was made [the committee requested further information from the minister].

MINISTER'S RESPONSE:

The Minister for Health advised that the delay in registering the instrument was due to 'administrative oversight'. The minister advised that the oversight was identifed by officers of SA Health, who notified the department that the instrument was not registered on the Federal Register of Legislative Instruments (FRLI). The minister noted that the instrument was now registered, and the National Health and Medical Research Council had advised that 'no practical difficulty' had arisen from the delay in registering the instrument.

COMMITTEE RESPONSE:

The committee thanks the minister for his response and has concluded its interest in the matter.