Criminal Code Amendment (Control Orders-Legal Representation for Young People) Regulations 2017 [F2017L00843]-Response required [2017] AUSStaCSDLM 276 (16 August 2017)

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Instrument	Criminal Code Amendment (Control Orders—Legal Representation for Young People) Regulations 2017 [F2017L00843]
Purpose	Provides an administrative framework to support the appointment of lawyers for young persons who are the subject of control order proceedings under the Criminal Code Act 1995
Authorising legislation	Criminal Code Act 1995
Department	Attorney-General's
Disallowance	15 sitting days after tabling (tabled Senate 8 August 2017) Notice of motion to disallow currently must be given by 16 October 2017
Scrutiny principle	Standing Order 23(3)(a)

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 the regulations provides no information regarding consultation.

The committee's expectations in this regard are set out in the guideline on consultation published on the committee's website.^[1]

The committee requests the advice of the minister in relation to the above; and requests that the ES be updated in accordance with the requirements of the Legislation Act 2003.

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^[1] See Regulations and Ordinances Committee, Guideline on consultation, http://www.aph.gov. au/Parliamentary_Business/Committees/Senate/Regulations_and_Ordinances/Guidelines/ consultation.