Multiple instruments that appear to rely on subsection 33(3) of the Acts Interpretation Act 1901-Advice only [2016] AUSStaCSDLM 36 (3 February 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	AASB 2015-8 - Amendments to Australian Accounting Standards - Effective Date of AASB 15 - October 2015 [F2015L01840]
	AASB 2015-9 - Amendments to Australian Accounting Standards – Scope and Application Paragraphs [F2015L01832]
	Admiralty Amendment (Electronic Communication) Rules 2015 [F2015L01883]
	ASA 2015-1 - Amendments to Australian Auditing Standards - December 2015 [F2015L02032]
	ASIC Corporations (Amendment and Repeal) Instrument 2015/876 [F2015L01835]
	ASIC Corporations (Amendment and Repeal) Instrument 2015/1079 [F2015L01983]
	Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Amendment (Fees) Order 2015 [F2015L01886]
	CASA EX186/15 - Exemption — side-facing seats on aircraft not occupied for take-off or landing [F2015L01906]
	Civil Aviation Order 48.1 Amendment Instrument 2015 (No. 1) [F2015L01829]
	Export Control (Fees) Order 2015 [F2015L01881]
	Export Control (Plants and Plant Products) Amendment (Registered Establishments) Order 2015 [F2015L01885]
	Fair Work Act 2009 - Direction to Inspectors (19/11/2015) [F2015L01907]
	Farm Household Support Minister’s Amendment Rule 2015 [F2015L01948]
	Health Insurance (Diabetes Testing in Aboriginal and Torres Strait Islander Primary Health Care Sites) Determination 2015 [F2015L01837]
	Military Rehabilitation and Compensation (Specification In Relation To Definition of Specified Number) Instrument 2015 [F2015L01942]
	National Health (Australian Community Pharmacy Authority Rules) Amendment Determination 2015 (No. 2) [F2015L01901]
	National Health (Concession or entitlement card fee) Amendment Determination 2015 (No. 1) (PB 124 of 2015) [F2015L01935]
	National Health (Weighted average disclosed price – April 2016 reduction day) Determination 2015 (PB 126 of 2015) [F2015L02033]
	Quarantine Service Fees Amendment (Cost Recovery) Determination 2015 [F2015L01887]
	Quarantine Service Fees (Australia Post) Amendment (Cost Recovery) Determination 2015 [F2015L01888]
	Radiocommunications (Duration of Community Television Transmitter Licences) Determination (No. 1) of 2008 (Amendment No. 1 of 2015) [F2015L02049]
	Social Security (Employment Pathway Plan Requirements) Determination 2015 [F2015L02029]
	Vehicle Standard (Australian Design Rule 43/04 – Vehicle Configuration and Dimensions) 2006 Amendment 2 [F2015L01934]
	Vehicle Standard (Australian Design Rule 57/00 - Special Requirements for L-Group Vehicles) 2006 Amendment 1 [F2015L01933]
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]

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[1] For more extensive comment on this issue, see Delegated legislation monitor No. 8 of 2013, p. 511.