Northern Prawn Fishery (Early Closure) Direction No 173 [F2016L01765]-Advice only [2016] AUSStaCSDLM 371 (30 November 2016)

• Multiple instruments that appear to rely on subsection 4(2) of the Acts Interpretation Act 1901

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Multiple instruments that appear to rely on subsection 4(2) of the Acts Interpretation Act 1901

Instruments

Forms, Fees, Circumstances and Different Way of Making an Application Amendment Instrument 2016/107 [F2016L01776] Migration Regulations 1994 - Specification of Criteria for Approval of Nomination and Occupational Training for the Purposes of Subclass 407 (Training) Visa 2016/108 - IMMI 16/108 [F2016L01777] Specification of Occupations, a Person or Body, a Country or Countries Amendment Instrument 2016/118 [F2016L01787]

Scrutiny principle

Standing Order 23(3)(a)

Drafting

The instruments identified above were made in reliance on empowering provisions that had not yet commenced. While this approach is authorised by subsection 4(2) of the Acts Interpretation Act 1901 (which allows, in certain circumstances, the making of legislative instruments in anticipation of the commencement of relevant empowering provisions), the ESs to the instruments do not identify the relevance of subsection 4(2) to their operation.

The committee considers that, in the interests of promoting clarity and intelligibility of instruments to anticipated users, any such reliance on subsection 4(2) of the Acts Interpretation Act 1901 should be clearly identified in the accompanying ESs.

The committee draws this matter to the attention of ministers.