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Australian Senate Standing Committee for the Scrutiny of Delegated Legislation - Monitor

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Migration Regulations 1994-Specification of Occupations, a Person or Body, a Country or Countries 2015-IMMI 15/108 [F2015L01147]-Response required [2015] AUSStaCSDLM 151 (19 August 2015)

Instrument

Migration Regulations 1994 - Specification of Occupations, a Person or Body, a Country or Countries 2015 - IMMI 15/108 [F2015L01147]

Purpose
Updates the occupations listed as eligible occupations for nominations for Subclass 187 (Regional Sponsored Migration Scheme) visa in the Direct Entry stream
Last day to disallow
17 September 2015
Authorising legislation
Department
Immigration and Border Protection
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 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.


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