National Greenhouse and Energy Reporting (Auditor Registration) Instrument 2016 [F2017L00087]-Response required [2017] AUSStaCSDLM 62 (15 February 2017)

---

Instrument	National Greenhouse and Energy Reporting (Auditor Registration) Instrument 2016 [F2017L00087]
Purpose	Sets out the ways in which the requirements of the Regulations in relation to auditing knowledge and experience may be met
Last day to disallow	9 May 2017
Authorising legislation	National Greenhouse and Energy Reporting Regulations 2008
Department	Environment and Energy
Scrutiny principle	Standing Order 23(3)(a)

Access to incorporated documents

Paragraph 15J(2)(c) of the Legislation Act 2003 requires the 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.

With reference to the above, the committee notes that the instrument incorporates a number of Australian and international standards, as well as the 'International Handbook of Universities' (the handbook). While the ES is generally helpful in providing information about where documents incorporated into the instrument can be obtained, the ES states that the Australian and international standards and the handbook are available to purchase from the relevant publishers and does not provide information as to where these documents can be accessed for free.

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

The committee requests the advice of the minister in relation to the above.