Multiple instruments that appear to rely on subsection 4(2) of the Acts Interpretation Act 1901-Advice only [2017] AUSStaCSDLM 37 (8 February 2017)

• Multiple instruments that appear to rely on subsection 4(2) of the Acts Interpretation Act 1901

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Multiple instruments that appear to rely on subsection 4(2) of the Acts Interpretation Act 1901

Instruments

Higher Education Support (Maximum Payments for Indigenous Student Assistance Grants) Determination 2016 [F2016L02000] Insolvency Law Reform (Transitional Provisions) Regulation 2016 [F2016L01898] Insolvency Practice Rules (Bankruptcy) 2016 [F2016L02004] Insolvency Practice Rules (Corporations) 2016 [F2016L01989] Social Security (Administration) (Indigenous Student Assistance Scholarships – Protected Information) Instrument 2016 [F2016L01954] Social Security (Indigenous Student Assistance Scholarships – Disqualifying Scholarships) Instrument 2016 [F2016L01953] Social Security (Indigenous Student Assistance Scholarships - Excluded Amounts) Instrument 2016 [F2016L01955]

Scrutiny principle

Standing Order 23(3)(a)

Drafting

The instruments identified above were made in reliance on empowering provisions that had not yet commenced. While this approach is authorised by subsection 4(2) of the Acts Interpretation Act 1901 (which allows, in certain circumstances, the making of legislative instruments in anticipation of the commencement of relevant empowering provisions), the ESs to the instruments do not identify the relevance of subsection 4(2) to their operation.

The committee considers that, in the interests of promoting clarity and intelligibility of instruments to anticipated users, any such reliance on subsection 4(2) of the Acts Interpretation Act 1901 should be clearly identified in the accompanying ESs.

The committee draws the above to the attention of ministers.