National Measurement Amendment (Fee Indexation) Regulation 2015 [F2015L00372]-New matters [2015] AUSStaCSDLM 72 (13 May 2015)

• National Measurement Amendment (Fee Indexation) Regulation 2015 [F2015L00372]

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National Measurement Amendment (Fee Indexation) Regulation 2015 [F2015L00372]

Purpose	Amends the National Measurement Regulations 1999 to insert an indexation provision to which all fees for activities undertaken in respect of examination and certification of patterns of volume measuring instruments increase each financial year
Last day to disallow	13 August 2015
Authorising legislation	National Measurement Act 1960
Department	Industry and Science

Issue:

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. Section 18, however, 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 states:

The National Measurement Institute will inform stakeholders and industry of these amendments prior to their taking effect by posting an update on their website and writing to stakeholders with a current application.
The National Measurement Institute has also consulted with the Office of Best Practice Regulation and they have advised that a Regulation Impact Statement was not required for these amendments (OBPR ID 16934).

In the committee's view, the statement above does not describe a process of consultation but rather the intention to advise stakeholders and industry of the effect of the amendments subsequent to the making of the instrument. Similarly, the committee does not consider the process of ascertaining the necessity of a Regulatory Impact Statement for an instrument as strictly relevant to the question of consultation under the Legislative Instruments Act 2003.

In terms of complying with sections 17 and 18 of the Legislative Instruments Act 2003, the committee considers it would be better for the ES to have explicitly stated, with a supporting explanation, that consultation was considered unnecessary or inappropriate in this case. The committee therefore draws the matter to the minister's attention.