Customs (Japanese Rules of Origin) Regulation 2014 [F2014L01713]-New matters [2015] AUSStaCSDLM 10 (11 February 2015)

• Customs (Japanese Rules of Origin) Regulation 2014 [F2014L01713]

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Customs (Japanese Rules of Origin) Regulation 2014 [F2014L01713]

Purpose	Prescribes matters relating to the rules of origin that are required to be prescribed under new Division 1K of Part VIII of the Customs Act 1901
Last day to disallow	26 March 2015
Authorising legislation	Customs Act 1901
Department	Immigration and Border Protection

Issue:

Insufficient 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 states:

No particular consultation was undertaken with regard to this Regulation; however, consultation regarding the Japan-Australia Economic Partnership Agreement was undertaken as part of the Joint Standing Committee on Treaty's consideration of the Agreement.

The committee does not usually interpret section 26 as requiring a highly detailed description of the reasons why consultation was not undertaken. However, the committee's usual expectation, in cases where the instrument-maker relies on prior consultation that is said to support the making of an instrument, is that the ES for the instrument set out the relevance of that consultation to the matters dealt with in the instrument. The committee's expectations in this regard are set out in the 'Guideline on consultation' in Appendix 2 of this report. The committee therefore draws this matter to the minister's attention.