Multiple instruments that appear to rely on section 10 of the Acts Interpretation Act 1901 (as applied by paragraph 13(1)(a) of the Legislation Act 2003)-Advice only [2017] AUSStaCSDLM 132 (29 March 2017)

• Multiple instruments that appear to rely on section 10 of the Acts Interpretation Act 1901 (as applied by paragraph 13(1)(a) of the Legislation Act 2003)

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Multiple instruments that appear to rely on section 10 of the Acts Interpretation Act 1901 (as applied by paragraph 13(1)(a) of the Legislation Act 2003)

Instruments	Private Health Insurance (Prostheses) Rules 2017 (No. 1) [F2017L00183] Social Security (Partially Asset-test Exempt Income Stream - Exemption) Principles 2017 [F2017L00218] Social Security (Primary Production Concession) Principles 2017 [F2017L00219] Torres Strait Fisheries Management Instrument No. 12 [F2017L00169]
Scrutiny principle	Standing Order 23(3)(a)

Incorporation of Commonwealth disallowable legislative instruments

Section 14 of the Legislation Act 2003 allows legislative instruments to make provision in relation to matters by incorporating Acts and disallowable legislative instruments, either as in force at a particular time or as in force from time to time.

The instruments identified above incorporate Commonwealth disallowable legislative instruments. However, neither the text of the instruments nor their accompanying ESs state the manner in which they are incorporated.

The committee acknowledges that section 10 of the Acts Interpretation Act 1901 (as applied by paragraph 13(1)(a) of the Legislation Act 2003) has the effect that references to Commonwealth disallowable legislative instruments can be taken to be references to versions of those instruments as in force from time to time.

However, the committee expects instruments to clearly state the manner of incorporation (that is, either as in force from time to time or as in force at a particular time) of external documents, including other legislative instruments.

This enables persons interested in or affected by an instrument to understand its operation, without the need to rely on specialist legal knowledge or advice,

or consult extrinsic material.

The committee therefore considers that, notwithstanding the operation of section 10 of the Acts Interpretation Act 1901 (as applied by paragraph 13(1)(a) of the Legislation Act 2003), and in the interests of promoting clarity and intelligibility of

an instrument to persons interested in or affected by an instrument, instruments

(and ideally their accompanying ESs) should clearly state the manner in which Commonwealth disallowable legislative instruments are incorporated.

The committee draws the above to the attention of ministers.