Special Research Initiatives Funding Rules for funding commencing in 2008-2009 or 2009-2010 Variation (No 1) 2014 [F2015L01690]-Concluded matters [2016] AUSStaCSDLM 42 (3 February 2016)

Instrument	Special Research Initiatives Funding Rules for funding commencing in 2008-2009 or 2009-2010 Variation (No. 1) 2014 [F2015L01690]
Purpose	Clarifies that the version of Appendix 2 that appears in the Special Research Initiatives Funding Rules for funding commencing in 2008-09 or 2009-10 Variation (No. 2) is the current law
Last day to disallow	22 February 2016
Authorising legislation	Australian Research Council Act 2001
Department	Education and Training
Scrutiny principle	Standing Order 23(3)(a)
Previously reported in	Delegated legislation monitor No. 15 of 2015

No description of consultation

The committee commented as follows:

Section 17 of the Legislative Instruments 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, particularly where that instrument is likely to have an effect on business. However, section 18 provides that in some circumstances such consultation may be unnecessary or inappropriate. 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 (section 26). With reference to these requirements, the committee notes that the ES for this instrument provides no information in relation to consultation.

The committee's expectations in this regard are set out in the guideline on consultation contained in Appendix 2.

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 Legislative Instruments Act 2003.

Minister's response

The Minister for Education and Training provided an updated ES, which advised:

The Australian Research Council sought advice from the Australian Government Solicitor who prepared the above mentioned documents including the varied instrument and explanatory statement.
Consultation [was undertaken] with the Office of Parliamentary Counsel in preparing the lodgement through the Federal Registrar of Legislative Instruments (FRLI).
Committee's response
The committee thanks the minister for his response and has concluded its examination of the instrument.