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

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VET Student Loans (Approved Course Provider Application Fee) Determination 2017 [F2017L01060]-Response required [2017] AUSStaCSDLM 364 (18 October 2017)


Instrument
VET Student Loans (Approved Course Provider Application Fee) Determination 2017 [F2017L01060]
Purpose
Prescribes a fee for making applications for approval as an approved course provider under the VET Student Loans Act 2016
Authorising legislation
Portfolio
Education and Training
Disallowance
15 sitting days after tabling (tabled Senate 4 September 2017)
Notice of motion to disallow currently must be given by
16 November 2017
Scrutiny principle
Standing Order 23(3)(a)

No statement of compatibility

Section 9 of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the maker of a disallowable instrument to have prepared a statement of compatibility in relation to the instrument. The statement of compatibility must include an assessment of whether the instrument is compatible with human rights. Paragraph 15J(2)(f) of the Legislation Act 2003 requires that the statement of compatibility be included in the explanatory statement (ES) for the instrument.

With reference to these requirements, the committee notes that the ES for the determination does not include a statement of compatibility.

The committee requests the minister's advice as to why a statement of compatibility was not included in the ES; and requests that the ES be updated in accordance with the requirements of the Human Rights (Parliamentary Scrutiny) Act 2011 and the Legislation Act 2003.


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