CASA EX166/16-Exemption-use of radiocommunication system in firefighting operations (Victoria) [F2016L01793]-Response required [2017] AUSStaCSDLM 5 (8 February 2017)

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Instrument	CASA EX166/16 - Exemption—use of radiocommunication system in firefighting operations (Victoria) [F2016L01793]
Purpose	Exempts persons on board an aircraft performing firefighting services on behalf of the Victorian Government and the Country Fire Authority of Victoria from the requirement to be qualified to transmit on radio frequencies used for ensuring air navigation safety
Last day to disallow	27 March 2017
Authorising legislation	Civil Aviation Safety Regulations 1998
Department	Infrastructure and Regional Development
Scrutiny principle	Standing Order 23(3)(a)

Consultation

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 instrument 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 the above; and requests that the ES be updated in accordance with the requirements of the Legislation Act 2003.