Multiple instruments that appear to rely on subsection 4(2) of the Acts Interpretation Act 1901-Advice only [2016] AUSStaCSDLM 209 (14 September 2016)

• Multiple instruments that appear to rely on subsection 4(2) of the Acts Interpretation Act 1901

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Multiple instruments that appear to rely on subsection 4(2) of the Acts Interpretation Act 1901

Instruments	Australian Crime Commission (National Policing Information Charges) Determination 2016 [F2016L00678]
	Biosecurity (Acceptable Ballast Water Exchange Area) Declaration 2016 [F2016L00860]
	Biosecurity (Entry Requirements) Determination 2016 [F2016L00811]
	Biosecurity (Exposed Conveyances—Exceptions from Biosecurity Control) Determination 2016 [F2016L00851]
	Biosecurity (Human Health) Regulation 2016 [F2016L00719]
	Biosecurity (Methods of Ballast Water Management) Approval 2016 [F2016L00858]
	Biosecurity (Reportable Biosecurity Incidents) Determination 2016 [F2016L00853]
	Biosecurity Regulation 2016 [F2016L00756]
	Defence (Payments to ADF Cadets) Determination 2016 [F2016L01098]
	Parliamentary Injury Compensation Scheme Instrument 2016 [F2016L00652]
	Part 21 Manual of Standards Instrument 2016 [F2016L00915]
	Part 45 Manual of Standards Instrument 2016 [F2016L00850]
	Social Security (New Apprentice) Determination 2016 [F2016L00772]
Scrutiny principle	Standing Order 23(3)(a)

Drafting

The instruments identified above were made in reliance on empowering provisions that had not yet commenced. While this approach is authorised by subsection 4(2) of the Acts Interpretation Act 1901 (which allows, in certain circumstances, the making of legislative instruments in anticipation of the commencement of relevant empowering provisions), the ESs to the instruments do not identify the relevance of subsection 4(2) to their operation.

The committee considers that, in the interests of promoting clarity and intelligibility of instruments to anticipated users, any such reliance on subsection 4(2) of the Acts Interpretation Act 1901 should be clearly identified in the accompanying ESs.

The committee draws this matter to the attention of ministers.