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Australian Senate Standing Committee for the Scrutiny of Delegated Legislation - Monitor

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Marine Order 11 (Living and working conditions on vessels) Amendment 2015 (No 1) [F2015L01950]-Advice only [2016] AUSStaCSDLM 33 (3 February 2016)


Instrument

Marine Order 11 (Living and working conditions on vessels) Amendment 2015 (No. 1) [F2015L01950]

Purpose
Amends Marine Order 11 (Living and working conditions on vessels) 2015 to update references to Marine Orders 15 and 28
Last day to disallow
11 May 2016
Authorising legislation
Department
Infrastructure and Regional Development
Scrutiny principle
Standing Order 23(3)(a)

Incorporation of extrinsic material

The committee thanks the Australian Maritime Safety Authority for amending Marine Order 11 (Living and working conditions on vessels) 2015 to update references to Marine Order 15 and Marine Order 28 which the committee commented on in Delegated legislation monitors No. 7 and 8 of 2015.

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).

In this context, the committee notes the Deputy Prime Minister's previous advice that clarifies that the instrument is intended to incorporate current Marine Order 15 as amended from time to time; and that this is provided for under section 14 of the Legislative Instruments Act 2003.[1]

The committee draws this matter to the minister's attention.


[1] See Delegated legislation monitor No. 8 of 2015, entry on Marine Order 11 (Living and working conditions on vessels) 2015 [F2015L00609], pp 38–40.


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