Agricultural and Veterinary Chemicals Code (Notifiable Variations) Instrument 2016 [F2016L01233]-Response required [2016] AUSStaCSDLM 165 (14 September 2016)

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Instrument	Agricultural and Veterinary Chemicals Code (Notifiable Variations) Instrument 2016 [F2016L01233]
Purpose	Determines types of variations that can be made by notice rather than by application
Last day to disallow	21 November 2016
Authorising legislation	Agricultural and Veterinary Chemicals Code Act 1994
Department	Agriculture and Water Resources
Scrutiny principle	Standing Order 23(3)(a)

Incorporation of documents

Section 14 of the Legislation Act 2003 allows legislative instruments to make provision in relation to matters by incorporating Acts and disallowable legislative instruments, either as in force at a particular time or as in force from time to time. Other documents may only be incorporated as in force at the commencement of the legislative instrument, unless authorising or other legislation alters the operation of section 14.

With reference to the above the committee notes that Part 1, item 4, paragraph (d) of the instrument incorporates the Agricultural Labelling Code and the Veterinary Labelling Code made by the Australian Pesticides and Veterinary Medicines Authority (the labelling codes). However, neither the text of the instrument nor the ES expressly state the manner in which the labelling codes are incorporated.

The committee expects instruments (and ideally their accompanying ESs) to clearly state the manner in which documents are incorporated (that is, either as in force from time to time or as in force at the commencement of the legislative instrument). This enables persons interested in or affected by the instrument to understand its operation without the need to rely on specialist legal knowledge or advice, or consult extrinsic material.

The committee requests the advice of the minister in relation to this matter.