Multiple instruments that appear to rely on subsection 33(3) of the Acts Interpretation Act 1901-Advice only [2016] AUSStaCSDLM 210 (14 September 2016)

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

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

Instruments	Admiralty Amendment Rules 2016 (No. 1) [F2016L00726]
	ASIC Class Rule Waiver [16-0352] [F2016L00594]
	ASIC Corporations (Amendment) Instrument 2016/351 [F2016L00575]
	ASIC Corporations (Amendment) Instrument 2016/476 [F2016L01170]
	ASIC Corporations (Amendment) Instrument 2016/513 [F2016L01084]
	ASIC Corporations (Amendment) Instrument 2016/566 [F2016L01178]
	ASIC Corporations (Repeal) Instrument 2016/452 [F2016L01005]
	ASIC Credit (Amendment) Instrument 2016/632 [F2016L01171]
	Australian Meat and Live-stock Industry (Beef Export to the USA—Quota Years 2016-2022) Repeal Order 2016 [F2016L01089]
	Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Repeal Order 2016 [F2016L00807]
	Australian Meat and Live-stock Industry (Standards) Amendment Order 2016 [F2016L00839]
	Australian Prudential Regulation Authority (Commonwealth Costs) Determination 2016 [F2016L01150]
	Authorised Deposit-taking Institutions Supervisory Levy Imposition Determination 2016 [F2016L01159]
	Authorised Non-operating Holding Companies Supervisory Levy Imposition Determination 2016 [F2016L01158]
	Autonomous Sanctions (Designated Persons and Entities and Declared Persons - Iran) Amendment List 2016 (No. 3) [F2016L01100]
	Aviation Transport Security (Prohibited Cargo—Bangladesh) Amendment Instrument 2016 [F2016L00766]
	Building Energy Efficiency Disclosure (Disclosure Affected Buildings) Determination 2016 [F2016L01148]
	Building Energy Efficiency Disclosure Determination 2016 [F2016L01276]
	CASA EX98/16 - Exemption - Cessna Supplemental Inspection Document requirements [F2016L01053]
	CASA EX123/16 - Repeal – exemption – from standard landing minima – Boeing 737 fail passive aircraft – Virgin Australia Airlines Pty Ltd [F2016L01278]
	Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2016 (No. 1) [F2016L01209]
	Commonwealth price (Pharmaceutical benefits supplied by approved pharmacists) Amendment Determination 2016 [F2016L01042]
	Declared Hearing Services Amendment Determination 2016 (No. 1) [F2016L00806]
	Defence Home Ownership Assistance Scheme (Average House Price and Median Interest Rate) Amendment Determination 2016 [F2016L00970]
	Export Control (Plants and Plant Products) Amendment (Re-export Certificates) Order 2016 [F2016L00640]
	Export Market Development Grants (Change in Ownership of Business) Guidelines 2016 [F2016L01090]
	Export Market Development Grants (Close Relationships - Events Promoters) Amendment Instrument 2016 (No. 1) [F2016L01096]
	Export Market Development Grants (Close Relationships - General) Determination 2016 [F2016L01095]
	Export Market Development Grants (Grants Entry Requirements) Determination 2016 [F2016L01108]
	Export Market Development Grants (Made in Australia) Guidelines 2016 [F2016L01094]
	Export Market Development Grants (Significant Net Benefit) Guidelines 2016 [F2016L01097]
	Family Tax Benefit (Meeting the Health Check Requirement) Amendment Determination 2016 [F2016L00572]
	Federal Circuit Court Amendment (Costs and Other Measures) Rules 2016 [F2016L00818]
	General Insurance Supervisory Levy Imposition Determination 2016 [F2016L01155]
	GST—free Supply (National Disability Insurance Scheme Supports) Amendment Determination 2016 (No. 1) [F2016L00618]
	High Court Amendment (2016 Measures No. 1) Rules 2016 [F2016L01029]
	Legal Services Amendment (Solicitor-General Opinions) Direction 2016 [F2016L00645]
	Life Insurance Supervisory Levy Imposition Determination 2016 [F2016L01164]
	Marriage (Celebrancy qualifications or skills) Amendment Determination 2016 (No. 2) [F2016L00798]
	Military Rehabilitation and Compensation (Lump Sum Rate of Interest) Determination 2016 [F2016L01010]
	National Capital Plan – Amendment 86 – Revised National Capital Plan [F2016L00669]
	National Disability Insurance Scheme (Becoming a Participant) Amendment Rules 2016 (No. 2) [F2016L01122]
	National Disability Insurance Scheme (Becoming a Participant) Rules 2016 [F2016L00544]
	National Disability Insurance Scheme (Facilitating the Preparation of Participants' Plans—South Australia) Amendment Rules 2016 [F2016L00796]
	National Disability Insurance Scheme (Facilitating the Preparation of Participants' Plans—New South Wales) Rules 2016 [F2016L00791]
	National Disability Insurance Scheme (Facilitating the Preparation of Participants' Plans—Victoria) Rules 2016 [F2016L00794]
	National Disability Insurance Scheme (Facilitating the Preparation of Participants' Plans—Tasmania) Rules 2016 [F2016L00795]
	National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—Queensland) Amendment Rules 2016 [F2016L01119]
	National Disability Insurance Scheme (Timeframes for Decision Making) Amendment Rules 2016 [F2016L00545]
	National Greenhouse and Energy Reporting (Measurement) Amendment Determination 2016 (No. 1) [F2016L00809]
	National Health (Claims and under co-payment data) Amendment (Medication Chart Prescriptions) Rule 2016 (PB 60 of 2016) [F2016L01127]
	National Health (Subsection 84C(7)) Amendment Determination 2016 (No.1) (PB 51 of 2016) [F2016L00978]
	National Health (Weighted average disclosed price – October 2016 reduction day) Determination 2016 [F2016L01182]
	Private Ancillary Fund and Public Ancillary Fund Amendment Guidelines 2016 [F2016L00651]
	Private Health Insurance (Benefit Requirements) Amendment Rules 2016 (No. 2) [F2016L00589]
	Private Health Insurance (Benefit Requirements) Amendment Rules 2016 (No. 3) [F2016L00979]
	Private Health Insurance (Benefit Requirements) Amendment Rules 2016 (No. 4) [F2016L01101]
	Private Health Insurance (Complying Product) Amendment Rules 2016 (No. 2) [F2016L00985]
	Private Health Insurance (Complying Product) Amendment Rules 2016 (No. 3) [F2016L01102]
	Private Health Insurance (Prostheses) Amendment Rules 2016 (No. 1) [F2016L00812]
	Private Health Insurance (Prostheses) Amendment Rules 2016 (No. 2) [F2016L01039]
	Private Health Insurance (Prudential Supervision) Rules 2016 [F2016L01060]
	Public Governance, Performance and Accountability Amendment (Commonwealth Company Annual Reporting) Rule 2016 [F2016L00696]
	Public Governance, Performance and Accountability Amendment (Corporate Commonwealth Entity Annual Reporting) Rule 2016 [F2016L00693]
	Public Governance, Performance and Accountability Amendment (Non-corporate Commonwealth Entity Annual Reporting) Rule 2016 [F2016L00691]
	Quarantine Service Fees Repeal Determination 2016 [F2016L00637]
	Remuneration Tribunal Determination 2016/03 - Remuneration and Allowances for Holders of Public Office and Judicial and Related Offices [F2016L00840]
	Remuneration Tribunal Determination 2016/05 - Remuneration and Allowances for Holders of Public Office and Official Travel by Office Holders [F2016L01041]
	Remuneration Tribunal Determination 2016/06 - Judicial and Related Offices - Remuneration and Allowances [F2016L01160]
	Remuneration Tribunal Determination 2016/07 – Official Travel by Office Holders [F2016L01266]
	Remuneration Tribunal Determination 2016/09 – Remuneration and Allowances for Holders of Public Office and Judicial and Related Offices [F2016L01269]
	Retirement Savings Account Providers Supervisory Levy Imposition Determination 2016 [F2016L01147]
	Safety, Rehabilitation and Compensation (Principal Officer of the ACT) Declaration 2016 [F2016L00573]
	Superannuation Supervisory Levy Imposition Determination 2016 [F2016L01156]
	Tertiary Education Quality and Standards Agency (Information) Guidelines 2016 [F2016L00993]
	Therapeutic Goods (Permissible Ingredients) Determination No. 1 of 2016 [F2016L00588]
	Therapeutic Goods (Permissible Ingredients) Determination No. 2 of 2016 [F2016L01253]
	Vehicle Standard (Australian Design Rule - 43/04 - Vehicle Configuration and Dimensions) 2006 Amendment 3 [F2016L00574]
	Vehicle Standard (Australian Design Rule - Definitions and Vehicle Categories) 2005 Amendment 9 [F2016L00790]
	Water Efficiency Labelling and Standards Amendment (WELS Standard) Determination 2016 [F2016L01293]
	Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2016 – 2017 Amendment No.1 [F2016L01261]
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]
The committee draws this matter to the attention of ministers.

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[1] For more extensive comment on this issue, see Delegated legislation monitor 8 of 2013, p. 511.