Radiocommunications (Emergency Locating Devices) Class Licence 2016 [F2016L01399]-Advice only [2017] AUSStaCSDLM 34 (8 February 2017)

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Instrument	Radiocommunications (Emergency Locating Devices) Class Licence 2016 [F2016L01399]
Purpose	Authorises the operation of a range of emergency locating devices that are categorised as satellite distress or emergency position indiciating radio beacons, or locating aids
Last day to disallow	24 November 2016
Authorising legislation	Radiocommunications Act 1992
Department	Communications and the Arts
Scrutiny principle	Standing Order 23(3)(a)

Incorporation of documents

The committee previously accepted an undertaking by the Minister for Communications to amend the ES to the licence to specify the manner in which the Radio Regulations Articles are incorporated into the licence, and to provide a description of where documents that are incorporated into the licence can be freely obtained.^[1] A revised ES has been registered and received by the committee.

However, while the revised ES includes information about where the documents incorporated into the licence can be freely accessed, it does not include the information contained in the minister's response about the manner in which the Radio Regulations Articles are incorporated (that is, that they are incorporated as in force from time to time).

The committee expects instruments (and ideally their accompanying ESs) to clearly state the manner in which documents are incorporated (that is, either as in force at a particular time or as in force from time to time). This enables persons interested in or affected by the instrument to understand its operation without the need to rely on specialist legal knowledge or advice, or consult extrinsic material.

The committee draws the above to the minister's attention.

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[1] See Delegated legislation monitors 7 and 8 of 2016.