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Australian Senate Standing Committee for the Scrutiny of Delegated Legislation - Monitor |
The committee draws the following matters to the attention of relevant ministers or instrument-makers on an advice only basis.
Instruments
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Financial Sector (Collection of Data) (reporting standard) determination
No. 2 of 2017 [F2017L01022]
Financial Sector (Collection of Data) (reporting standard) determination
No. 3 of 2017 [F2017L01026]
Financial Sector (Collection of Data) (reporting standard) determination
No. 4 of 2017 [F2017L01028]
Financial Sector (Collection of Data) (reporting standard) determination
No. 5 of 2017 [F2017L01033]
Therapeutic Goods Order No. 91A - Therapeutic Goods Order No. 91 (Standard
for labels of prescription and related medicines) Amendment
Order 2017
[F2017L01019]
Therapeutic Goods Order No. 92A – Therapeutic Goods Order No. 92
(Standard for labels of non-prescription medicines) Amendment
Order 2017
[F2017L01023]
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Scrutiny principle
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Standing Order 23(3)(a)
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Incorporation of Commonwealth disallowable legislative instruments
The instruments identified above incorporate by reference Commonwealth disallowable legislative instruments. This means that they incorporate the content of other disallowable legislative instruments without reproducing the relevant text.
Section 14 of the Legislation Act 2003 allows legislative instruments to make provision in relation to matters by incorporating disallowable legislative instruments, either as in force at a particular time or as in force from time to time.
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, neither the text of the instruments identified above, nor their accompanying ESs explain the relevance of these provisions to their operation.
The committee considers that, in the interests of promoting the clarity and intelligibility of delegated legislation, instruments (and ideally their accompanying ESs) should clearly state the manner in which Commonwealth disallowable legislative instruments are incorporated; and/or clearly identify the relevance of section 10 of the Acts Interpretation Act 1901 (as applied by paragraph 13(1)(a) of the Legislation Act 2003) to their operation. 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's expectations in this regard are set out in the guideline on incorporation published on the committee's website.[1]
The committee draws the above to the attention of ministers.
[1] See Regulations and Ordinances Committee, Guideline on incorporation of documents, http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Regulations_and_ Ordinances/Guidelines/Guideline_on_incorporation_of_documents.
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URL: http://www.austlii.edu.au/au/other/cth/AUSStaCSDLM/2017/340.html