Social Security (Administration) (Trial Area-Ceduna and Surrounding Region) Determination 2015 [F2015L01836]-Response required [2016] AUSStaCSDLM 22 (3 February 2016)

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Instrument	Social Security (Administration) (Trial Area - Ceduna and Surrounding Region) Determination 2015 [F2015L01836]
Purpose	Declares Ceduna and the Surrounding Region as a trial area for the cashless welfare debit card trial
Last day to disallow	3 March 2016
Authorising legislation	Social Security (Administration) Act 1999
Department	Social Services
Scrutiny principle	Standing Order 23(3)(a)

Incorporation of extrinsic material

Section 14 of the Legislative Instruments Act 2003 allows for the incorporation of both legislative and non-legislative extrinsic material into instruments either as, respectively, in force from time to time or as in force at a particular date (subject to any provisions in the authorising legislation which may alter the operation of section 14).

With reference to the above, the committee notes that section 4 of the instrument refers to the Local Government Act 1999 (SA) (LGA). However, neither the text of the instrument nor the ES expressly state the manner in which the LGA is incorporated.

The committee's usual expectation where an instrument incorporates extrinsic material by reference is that the manner of incorporation is clearly specified in the instrument and, ideally, in the ES. The committee regards this as a best-practice approach that enables anticipated users or persons affected by any such 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.