Administrative Decisions (Judicial Review) Amendment (Enactments) Regulation 2015 [F2015L00870]-Response required [2015] AUSStaCSDLM 109 (12 August 2015)

• Response required

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Chapter 1

New and continuing matters

This chapter details concerns in relation to disallowable instruments of delegated legislation received by the Senate Standing Committee on Regulations and Ordinances (the committee) between 29 May 2015 and 2 July 2015 (new matters); and matters previously raised in relation to which the committee seeks further information (continuing matters).

Response required

The committee requests an explanation or information from relevant ministers or instrument-makers with respect to the following concerns.

Instrument	Administrative Decisions (Judicial Review) Amendment (Enactments) Regulation 2015 [F2015L00870]
Purpose	Amends the Administrative Decisions (Judicial Review) Act 1977 to include three Northern Territory Acts related to the regulation of electricity utilities
Last day to disallow	16 September 2015
Authorising legislation	Administrative Decisions (Judicial Review) Act 1977
Department	Attorney-General's
Scrutiny principle	Standing Order 23(3)(a)

No description of 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. However, section 18 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 this instrument provides no information in relation to consultation.

The committee's expectations in this regard are set out in the guideline on consultation contained in Appendix 2.

The committee requests the advice of the minister in relation to this matter; and requests that the ES be updated in accordance with the requirements of the Legislative Instruments Act 2003.