Defence and Strategic Goods List Amendment Instrument 2016 [F2016L01727]-Concluded matters [2017] AUSStaCSDLM 42 (8 February 2017)

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Instrument	Federal Court Legislation Amendment (Criminal Proceedings) Rules 2016 [F2016L01728]
Purpose	These rules amend the Federal Court Rules 2011 to make changes consequential to the enactment of the Federal Court (Criminal Proceedings) Rules 2016
Last day to disallow	20 March 2017
Authorising legislation	Federal Court of Australia Act 1976
Department	Attorney-General's
Scrutiny principle	Standing Order 23(3)(a)
Previously reported in	Delegated legislation monitor 10 of 2016

No description of consultation

The committee commented as follows:

Section 17 of the Legislation Act 2003 directs a rule-maker to be satisfied that appropriate consultation, as is reasonably practicable, has been undertaken in relation to a proposed instrument. The ES which must accompany an instrument is required to describe the nature of any consultation that has been carried out or, if there has been no consultation, to explain why none was undertaken (paragraphs 15J(2)(d) and (e)).

With reference to these requirements, the committee notes that the ES for the Rules provides no information regarding consultation.

The committee's expectations in this regard are set out in the guideline on consultation contained in Appendix 1.

The committee requests the advice of the minister in relation to this matter; and requests that the ES be updated in accordance with the requirements of the Legislation Act 2003.

Minister's response

The Attorney-General advised:

The Federal Court has noted comments by the Committee in relation to the Explanatory Statement for the Federal Court Legislation Amendment (Criminal Proceedings) Rules 2016 and will issue a Supplementary Explanatory Statement setting out details of consultation undertaken in developing those Rules.

Committee response

The committee thanks the Attorney-General for his response and has concluded its examination of the instrument.

The committee notes the Attorney-General's undertaking to provide a replacement ES which will set out details of consultation undertaken in developing the instrument.