Carbon Credits (Carbon Farming Initiative Commercial and Public Lighting) Methodology Determination 2015 [F2015L00980]-Response required [2015] AUSStaCSDLM 112 (12 August 2015)

Instrument	Carbon Credits (Carbon Farming Initiative—Commercial and Public Lighting) Methodology Determination 2015 [F2015L00980]
Purpose	Provides for crediting emissions reductions from projects that improve the energy performance of lighting systems in commercial and industrial buildings and public areas
Last day to disallow	17 September 2015
Authorising legislation	Carbon Credits (Carbon Farming Initiative) Act 2011
Department	Environment
Scrutiny principle	Standing Order 23(3)(a)

Incorporation of extrinsic material

This instrument provides for crediting emissions reductions from projects that improve the energy performance of lighting systems in commercial and industrial buildings and public areas.

Section 14 of the Legislative Instruments Act 2003 allows for the incorporation of both legislative and non-legislative extrinsic material into instruments either as, respectively, in force from time to time or as in force at a particular date (subject to any provisions in the authorising legislation which may alter the operation of section 14).

Subsection 106(8) of the authorising legislation for the instrument (the Carbon Credits (Carbon Farming Initiative) Act 2011) provides that instruments may apply, adopt or incorporate (with or without modifications) matter contained in any other instrument or writing 'as in force or existing at a particular time' or 'as in force or existing from time to time' (thereby altering the effect of section 14 of the Legislative Instruments Act 2003).

With reference to the above, the committee notes that subsection 5(2) of the instrument incorporates by reference various standards. However, neither the instrument nor the ES expressly state the manner in which the specified documents are incorporated.

The committee's usual expectation where an instrument incorporates extrinsic material by reference is that the manner of incorporation is clearly specified in the instrument and, ideally, in the ES. The committee regards this as a best-practice approach that enables anticipated users or persons affected by any such instrument to understand its operation without the need to rely on specialist legal knowledge or advice, or consult extrinsic material.

The committee requests the advice of the minister in relation to this matter.