Multiple instruments that appear to rely on subsection 33(3) of the Acts Interpretation Act 1901-Continuing matters [2015] AUSStaCSDLM 104 (24 June 2015)

• Multiple instruments that appear to rely on subsection 33(3) of the Acts Interpretation Act 1901

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Continuing matters

Multiple instruments that appear to rely on subsection 33(3) of the Acts Interpretation Act 1901

The committee has identified a number of instruments that appear to rely on 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, the committee considers it would be preferable for the ES for any such instrument to identify the relevance of subsection 33(3), in the interests of promoting the clarity and intelligibility of the instrument to anticipated users. The committee provides the following example of a form of words which may be included in an ES where subsection 33(3) of the Acts Interpretation Act 1901 is relevant:

Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.^[1]

The committee therefore draws this issue to the attention of ministers and instrument-makers responsible for the following instruments:

ASIC Market Integrity Rules (Chi-X Australia Market) Amendment 2015 (No. 1) [F2015L00620]

ASIC Market Integrity Rules (ASX Market) Amendment 2015 (No. 1) [F2015L00622]

ASIC Market Integrity Rules (APX Market) Amendment 2015 (No. 1) [F2015L00624]

ASIC Market Integrity Rules (NSXA Market) Amendment 2015 (No. 1) [F2015L00625]

ASIC Market Integrity Rules (SIM VSE Market) Amendment 2015 (No. 1) [F2015L00627]

ASIC Class Rule Waiver [15/0384] [F2015L00635]

Private Health Insurance (Health Insurance Business) Rules 2015 [F2015L00664]

Private Health Insurance (Data Provision) Rules 2015 [F2015L00665]

Defence Force (Superannuation) (Productivity Benefit) Amendment (Interest Factor and Other Measures) Determination 2015 [F2015L00667]

Bankruptcy (Estate Charges) (Amount of Charge Payable) Determination 2015[F2015L00678]

Personal Property Securities (Fees) Determination 2015 [F2015L00679]

Bankruptcy (Fees and Remuneration) Determination 2015 [F2015L00680]

Prescription — type ratings for CASR Part 142 flight training (Edition 1) Amendment Instrument 2015 (No. 1) [F2015L00705]

Medicines Advisory Statements Amendment Specification 2015 (No.1) [F2015L00699]

Remuneration Tribunal Determination 2015/03 - Specified Statutory Offices - Remuneration and Allowances [F2015L00681]

Remuneration Tribunal Determination 2015/08 - Remuneration and Allowances for Holders of Part-Time Public Office [F2015L00683]

Remuneration Tribunal Determination 2015/07 - Remuneration and Allowances for Holders of Full-Time Public Office [F2015L00685]

Remuneration Tribunal Determination 2015/05 - Judicial and Related Offices - Remuneration and Allowances [F2015L00687]

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^[1] For more extensive comment on this issue, see Delegated legislation monitor No. 8 of 2013, p. 511.