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

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Fuel Tax (Road User Charge) Determination 2017 [F2017L00532]-Response required [2017] AUSStaCSDLM 214 (21 June 2017)


Instrument

Fuel Tax (Road User Charge) Determination 2017 [F2017L00532]

Purpose
Sets the rate of the road user charge at 25.8 cents per litre
Authorising legislation
Department
Treasury
Disallowance
15 sitting days after tabling (tabled Senate 13 June 2017)
Notice of motion to disallow currently must be given by
5 September 2017
Scrutiny principle
Standing Order 23(3)(a)

Description of consultation

Section 17 of the Legislation 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. 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 (paragraphs 15J(2)(d) and (e)).

With reference to these requirements, the committee notes that the ES for this determination provides no information regarding consultation.

The committee's expectations in this regard are set out in the guideline on consultation contained in Appendix 1.

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 Legislation Act 2003.


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