AD/CESSNA 400/120-Fitting-Wing Attach-Lower Forward Carry Through Spar (Left and Right Wings) [F2017L01119]-Advice only [2017] AUSStaCSDLM 366 (18 October 2017)

• Advice only
• Access to incorporated documents

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Advice only

The committee draws the following matters to the attention of relevant ministers on an advice only basis.

Instrument	AD/CESSNA 400/120 - Fitting - Wing Attach - Lower Forward Carry Through Spar (Left and Right Wings) [F2017L01119]
Purpose	Requires initial and repetitive visual inspections of certain wing fittings on Cessna 400 aircraft to ensure the continuing airworthiness of the aircraft
Authorising legislation	Civil Aviation Act 1988
Portfolio	Infrastructure and Regional Development
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)

Access to incorporated documents

Paragraph 15J(2)(c) of the Legislation Act 2003 requires the explanatory statement (ES) for a legislative instrument that incorporates a document to contain a description of that document and indicate how it may be obtained.

The committee's expectations where a legislative instrument incorporates a document generally accord with the approach of the Senate Standing Committee for the Scrutiny of Bills, which has consistently drawn attention to legislation that incorporates documents not readily and freely available (i.e. without cost) to the public. Generally, the committee will be concerned where incorporated documents are not publicly and freely available, because persons interested in or affected by the law may have inadequate access to its terms.

The instrument incorporates Cessna Service Kit SK 421-152 and Cessna Illustrated Parts Catalog (IPC) 53-40-00, as in force at the date of the instrument. The ES notes that these documents:

are available from Textron Aviation however, any Australian airline or operator which operates the Cessna 400 series aircraft are provided with these documents by Textron Aviation by subscription.

The committee acknowledges that anticipated users of the instrument would be in possession of the incorporated documents. However, in addition to access for operators of the relevant aircraft in Australia, the committee is interested in the broader issue of access for other parties who might be affected by, or are otherwise interested in, the law.

A fundamental principle of the rule of law is that every person subject to the law should be able to access its terms readily and freely. The issue of access to material incorporated into the law by reference to external documents has been one of ongoing concern to this committee and other Australian parliamentary scrutiny committees.

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

The committee remains concerned about the lack of free access to material incorporated into legislation generally, and will continue to monitor this issue.

The committee draws its concern regarding the lack of free access to documents incorporated in this instrument to the minister's attention.

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^[1] 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.