Multiple instruments that appear to rely on subsection 33(3) of the Acts Interpretation Act 1901-Advice only [2016] AUSStaCSDLM 143 (3 May 2016)

• 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

Instruments	ASIC Corporations (Repeal) Instrument 2016/171 [F2016L00335]
	ASIC Corporations (Repeal) Instrument 2016/212 [F2016L00370]
	ASIC Corporations (Repeal) Instrument 2016/273 [F2016L00459]
	Business Services Wage Assessment Tool Payment Scheme Amendment Rules 2016 [F2016L00508]
	CASA 37/16 - Direction - flight time limitations for helicopter mustering operations [F2016L00505]
	Export Control (Prescribed Goods—General) Amendment (Official Marks) Order 2016 [F2016L00432]
	Federal Circuit Court (Bankruptcy) Repeal Rules 2016 [F2016L00384]
	Federal Court (Bankruptcy) Repeal Rules 2016 [F2016L00383]
	Goods and Services Tax: Recipient Created Tax Invoice Determination (No. 17) 2016 for Publishers [F2016L00227]
	Logbooks for Fisheries Determination 2016 [F2016L00506]
	Marriage (Celebrancy qualifications or skills) Amendment Determination 2016 (No. 1) [F2016L00382]
	Marriage Act (Proclaimed Overseas Countries) Proclamation 2016 [F2016L00304]
	My Health Records Amendment (Advance Care Planning Information and Professional Representatives) Rule 2016 [F2016L00499]
	National Measurement Guidelines 2016 [F2016L00538]
	PAYG Withholding Variation: Body corporates [F2016L00440]
	PAYG Withholding Variation: Company Directors and Office Holders [F2016L00222]
	PAYG Withholding Variation: Donations to deductible gift recipients [F2016L00439]
	PAYG Withholding Variation: Insurance and Compensation [F2016L00433]
	PAYG Withholding Variation: Labour Hire reimbursements and allowances [F2016L00436]
	PAYG Withholding Variation: Performing Artists [F2016L00435]
	PAYG Withholding Variation: Variation of amount to be withheld from Indigenous artists when an ABN is not provided [F2016L00358]
	Private Health Insurance (Benefit Requirements) Amendment Rules 2016 (No. 1) [F2016L00352]
	Private Health Insurance (Complying Product) Amendment Rules 2016 (No. 1) [F2016L00353]
	Private Health Insurance (Data Provision) Rules 2016 [F2016L00497]
	Private Health Insurance (Health Insurance Business) Rules 2016 [F2016L00503]

	Private Health Insurance Legislation Amendment (Risk Equalisation Jurisdiction) Rules 2016 [F2016L00492]
	Private Health Insurance (Prostheses) Rules 2016 (No. 1) [F2016L00268]
	Private Health Insurance (Prostheses) Rules 2016 (No. 2) [F2016L00381]
	Remuneration Tribunal Determination 2016/02 - Remuneration and Allowances for Holders of Public Office and Principal Executive Office [F2016L00498]
	Safety, Rehabilitation and Compensation (Rate of Interest Payable – s26(3)) Notice 2016 [F2016L00464]
	Seas and Submerged Lands (Historic Bays) Proclamation 2016 [F2016L00301]
	Seas and Submerged Lands (Territorial Sea Baseline) Proclamation 2016 [F2016L00302]
	Social Security (Administration) (Excluded circumstances - Queensland Commission) Amendment Specification 2016 [F2016L00500]
	Social Security (Administration) (Trial - Declinable Transactions) Amendment Determination (No. 1) 2016 [F2016L00493]
	Social Security (Special Circumstances - Family) Specification 2016 [F2016L00371]
	Social Security (Unsuitable Work) Determination 2016 [F2016L00336]
	Terrorism Insurance Act 2003 – Premiums Direction 2015 [F2016L00529]
	Therapeutic Goods (Foreign Countries) Determination 2016 [F2016L00494]
	Torres Strait Regional Authority Election Rules Amendment Instrument 2016 [F2016L00507]
	Vehicle Standard (Australian Design Rule 19/01 – Requirements for Installation of Lighting and Light Signalling Devices on L-Group Vehicles) 2007 Amendment 1 [F2016L00531]
	Vehicle Standard (Australian Design Rule 61/02 – Vehicle Marking) 2005 Amendment 2 [F2016L00385]
Scrutiny principle	Standing Order 23(3)(a)

Drafting

The instruments identified above 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]

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