Defence Determination 2016/15, Dependants-amendment [F2016L00509] -Concluded matters [2016] AUSStaCSDLM 252 (12 October 2016)

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Instrument	Defence Determination 2016/15, Dependants - amendment [F2016L00509][1]
Purpose	Amends Defence Determination 2005/15 to revise and restructure the definitions relating to a member's dependants and categorisation
Last day to disallow	7 November 2016
Authorising legislation	Defence Act 1903
Department	Defence
Scrutiny principle	Standing Order 23(3)(a)
Previously reported in	Delegated legislation monitor 5 of 2016

No description of consultation

The committee commented as follows:

Prior to 5 March 2016 determinations made under section 58B of the Defence Act 1903 (Defence Act) were disallowable non-legislative instruments by virtue of former section 46B of the Acts Interpretation Act 1901. However, following the commencement of the Legislation Act 2003, determinations made under section 58B are now disallowable legislative instruments and therefore subject to the provisions of the Legislation Act 2003, including section 17.

Section 17 of the Legislation Act 2003 directs a rule-maker to be satisfied that appropriate consultation, as is reasonably practicable, has been undertaken in relation to a proposed instrument. The ES which must accompany an instrument is required to describe the nature of any consultation that has been carried out or, if there has been no consultation, to explain why none was undertaken (paragraphs 15J(2)(d) and (e)).

With reference to these requirements, the committee notes that the ES for the instrument provides no information regarding consultation.

The committee requests the advice of the minister in relation to this matter; and requests that the ES be updated in accordance with the requirements of the Legislation Act 2003.

Minister's response

The Minister for Defence advised:

The Department of Defence has submitted revised explanatory statements for each of the determinations, which did not include a description of consultation. The revised statements include information about the relevant consultation processes in accordance with section 17 of the Legislation Act 2003.

Committee's response

The committee thanks the minister for her response and has concluded its examination of the instrument.

The committee also notes that a replacement ES has been registered on the Federal Register of Legislation and received by the committee. The replacement ES includes a description of consultation in accordance with the requirements of the Legislation Act 2003.

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^[1] The committee notes that the issue raised also applies to a number of recent instruments: Defence Determination 2016/12, Post indexes – amendment [F2016L00427]; Defence Determination 2016/14, Hardship allowance – amendment [F2016L00487]; Defence Determination 2016/13, Deployment allowance – amendment [F2016L00488]; Defence Determination 2016/15, Dependants – amendment [F2016L00509]; and Defence Determination 2016/16, Recruit instructors and ADF gap year - educational bonus – amendment [F2016L00543].