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Australian Senate Standing Committee for the Scrutiny of Delegated Legislation - Monitor |
Veterans' Affairs Treatment Principles (Short-term Restorative Care) Amendment Instrument 2016 [F2016L01869] |
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Purpose
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Provides for the funding of the co-payment of the costs of short-term
restorative care provided to former prisoners of war and recipients
of the
Victoria Cross
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Last day to disallow
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9 May 2017
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Authorising legislation
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Department
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Veterans' Affairs
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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
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 Subsidy Principles 2014 (Subsidy Principles), which are a Commonwealth disallowable legislative instrument, are incorporated into various provisions of this instrument.
The committee notes that parapraph 10.13.1(a) of Schedule 1 and paragraph 10.10.1(a) of Schedule 2 identify that the Subsidy Principles are incorporated as in force from time to time. However, in other instances the manner of incorporation of the Subsidy Principles is not identified. The committee understands the Subsidy Principles to be incorporated as in force from time to time in each instance, as 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.
The committee draws the above to the minister's attention.
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URL: http://www.austlii.edu.au/au/other/cth/AUSStaCSDLM/2017/36.html