Southern Squid Jig Fishery Total Allowable Effort Determination 2015 [F2015L01945]-Response required [2016] AUSStaCSDLM 23 (3 February 2016)

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Instrument	Southern Squid Jig Fishery Total Allowable Effort Determination 2015 [F2015L01945]
Purpose	Determines the total allowable effort in the Southern Squid Jig Fishery for the 2016 fishing year
Last day to disallow	11 May 2016
Authorising legislation	Fisheries Management Act 1991; Southern Squid Jig Fishery Management Plan 2005
Department	Agriculture and Water Resources
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 determination provides: '[t]erms used in this Determination that are defined for the purposes of the Southern Squid Jig Fishery Management Plan 2005 have the same meanings in this Determination as they have in that Plan'. However, neither the text of the instrument nor the ES expressly state the manner in which the Southern Squid Management Plan 2005 is incorporated.

The committee acknowledges that section 10 of the Acts Interpretation Act 1901 (as applied by section 13(1)(a) of the Legislative Instruments Act 2003) has the effect that reference to external documents which are Commonwealth disallowable instruments (such as Southern Squid Jig Fishery Management Plan 2005) can be taken to be references to versions of those instruments as in force from time to time. However, 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.