Multiple instruments that appear to rely on subsection 33(3) of the Acts Interpretation Act 1901-Continuing matters [2015] AUSStaCSDLM 24 (11 February 2015)

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

---

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:

1. Accountability Amendment Principle 2014 (No. 1) [F2015L00050]

2. Agricultural and Veterinary Chemicals Code (Prescribed Relevant Particulars - Revocation) Instrument 2014 [F2014L01765]

3. Amended Electricity Supply Fees Determination 2014 (Jervis Bay Territory) [F2015L00075]

4. ASIC Class Order [CO 14/1249] [F2014L01690]

5. ASIC Class Order [CO 14/1276] [F2014L01735]

6. ASIC Class Order [CO 14-1270] [F2015L00018]

7. ASIC Class Order CO 14/1217 [F2014L01648]

8. Australian Public Service Commissioner’s Amendment (Performance Management) Direction 2014 [F2014L01769]

9. Civil Aviation Order 104.0 Amendment Order 2015 (No. 1) [F2015L00065]

10. Civil Aviation Order 82.0 Amendment Instrument 2014 (No. 1) [F2014L01693]

11. Civil Aviation Order 82.0 Amendment Instrument 2014 (No. 3) [F2014L01793]

12. Civil Aviation Order 82.6 Amendment Instrument 2014 (No. 2) [F2014L01502]

13. Consumer Goods (Bean Bags) Safety Standard 2014 [F2014L01587]

14. Dental Benefits Rules 2014 [F2014L01748]

15. Education Services for Overseas Students (TPS Levies) (Risk Rated Premium and Special Tuition Protection Components) Determination 2014 [F2014L01660]

16. Excise (Concessional spirits – class of persons) Determination 2014 (No. 1) [F2014L01667]

17. Export Control (Animals) Amendment (2014 Measures No. 1) Order 2014 [F2014L01513]

18. Fees and Payments Amendment Principle 2014 (No. 1) [F2015L00047]

19. Goods and Services Tax: Classes of Recipient Created Tax Invoice Amendment Determination (No. 1) 2014 [F2014L01661]

20. Guidelines under Section 95 of the Privacy Act 1988, 2014 [F2014L01500]

21. Health Insurance (Midwife and Nurse Practitioner) Amendment Determination 2015 [F2015L00035]

22. Health Insurance (Midwife and Nurse Practitioner) Revocation Determination 2015 [F2015L00048]

23. Health Insurance (Pharmacogenetic Testing - RAS (KRAS and NRAS)) Determination 2014 [F2014L01767]

24. Health Insurance (Section 19AB Exemptions) Guidelines) 2015 [F2015L00038]

25. Major Sporting Events (Indicia and Images) Protection Amendment Rules 2014 (No. 1) [F2014L01727]

26. Manual of Standards Part 139 Amendment Instrument 2014 (No. 1) [F2014L01506]

27. National Disability Insurance Scheme (Protection and Disclosure of Information) Amendment (No. 2) Rules 2014 [F2015L00017]

28. National Health (Concession or entitlement card fee) Amendment Determination 2014 (No. 1) (No. PB 98 of 2014) [F2014L01570]

29. National Health (Pharmaceutical Benefits) (Conditions of approval for approved pharmacists) Amendment (Supply from Premises) Determination 2014 (No. PB 81 of 2014) [F2014L01559]

30. National Health (Supplies of out-patient medication) Determination 2014 (No. PB 103 of 2014) [F2014L01762]

31. National Health (Weighted average disclosed price – April 2015 reduction day) Determination 2014 (No. PB 97 of 2014) [F2014L01729]

32. Parliamentary Service Commissioner's Direction 2014 [F2015L00015]

33. Private Health Insurance (Benefit Requirements) Amendment Rules 2014 (No. 6) [F2014L01775]

34. Private Health Insurance (Prostheses) Amendment Rules 2014 (No. 3) [F2014L01573]

35. Public Governance, Performance and Accountability Legislation Amendment (RBA and Other Measures) Rule 2014 [F2014L01598]

36. Public Governance, Performance and Accountability Legislation Amendment Rule 2014 (No. 2) [F2015L00027]

37. Quality of Care Amendment Principle 2014 (No. 1) [F2015L00021]

38. Quarantine Legislation Amendment (2014 Measures No. 2) Proclamation 2014 [F2014L01734]

39. Radiocommunications (Duration of Community Television Transmitter Licences) Determination (No. 1) of 2008 (Amendment No. 1 of 2014) [F2014L01523]

40. Remuneration Tribunal Determination 2014/21 - Remuneration and Allowances for Holders of Public Office including Principal Executive Office - Classification Structure and Terms and Conditions [F2014L01521]

41. Remuneration Tribunal Determination 2014/22 - Remuneration and Allowances for Holders of Public Office including Judicial and Related Offices [F2014L01751]

42. Remuneration Tribunal Determination 2014/23 - Members of Parliament – Entitlements [F2014L01752]

43. Social Security (Public Interest Certificate Guidelines) (DSS) Determination 2014 [F2014L01514]

44. Social Security Foreign Currency Exchange Rate Determination 2014 (No. 2) [F2014L01515]

45. Taxation Administration Act 1953 - Pay as you go withholding - Tax table for additional amounts to withhold as a result of an agreement to increase withholding [F2014L01665]

46. Telecommunications (Service Provider — Identity Checks for Prepaid Mobile Carriage Services) Amendment Determination 2014 (No. 1) [F2014L01750]

47. Tertiary Education Quality and Standards Agency (Register) Guidelines 2015 [F2015L00073]

48. Vehicle Standard (Australian Design Rule 14/02 - Rear Vision Mirrors) 2006 Amendment 1 [F2014L01642]

49. Woomera Prohibited Area Amendment (Technical Amendments) Rule 2014 [F2014L01491]

---

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