National Rental Affordability Scheme Amendment (Administrative Processes) Regulation 2015 [F2015L00772]-Advice only [2015] AUSStaCSDLM 132 (12 August 2015)

Instrument	National Rental Affordability Scheme Amendment (Administrative Processes) Regulation 2015 [F2015L00772]
Purpose	Amends the National Rental Affordability Scheme Regulations 2008 to remove conditions of allocation about the frequency with which the rent charged for an approved rental dwelling can be reviewed and increased
Last day to disallow	20 August 2015
Authorising legislation	National Rental Affordability Scheme Act 2008
Department	Social Services
Scrutiny principle	Standing Order 23(3)(b)

Retrospective effect

Schedule 1 to this instrument amends the National Rent Affordability Regulations 2008 to allow an approved participant in the National Rental Affordability Scheme (NRAS) to receive an incentive for an approved rental dwelling for the year beginning on 1 May 2014 or later.

The committee notes that, although the instrument is not strictly retrospective, the change to conditions of allocation will also apply to antecedent facts (that is, the existence of an approved rental dwelling). As a consequence, it appears that an approved participant in the NRAS may now be eligible for an incentive for an approved rental dwelling that was within the scheme on 1 May 2014. The committee's usual approach to such cases is to regard them as being retrospective in effect, and to assess such cases against the requirement to ensure that instruments of delegated legislation do not unduly trespass on personal rights and liberties (scrutiny principle 23(3)(b)). The committee's usual expectation is therefore that the statement of compatibility would address the question of the instrument's retrospective effect and provide a justification for this approach (particularly where a person's rights or liberties may be adversely affected). However, in this case the committee notes that the amendments appear to be beneficial in their effect.

The committee draws this matter to the minister's attention.