AD/PHS/10 Amdt 2-Hydromatic Propeller-Aluminium Blades [F2017L00127]-Response required [2017] AUSStaCSDLM 79 (22 March 2017)

• Chapter 1
• New and continuing matters
• Response required

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Chapter 1

New and continuing matters

This chapter details concerns in relation to disallowable instruments of delegated legislation received by the Senate Standing Committee on Regulations and Ordinances (the committee) between 3 February 2017 and 23 February 2017

(new matters); and matters previously raised in relation to which the committee seeks further information (continuing matters).

Response required

The committee requests an explanation or information from relevant ministers or instrument-makers with respect to the following concerns.

Instrument	AD/PHS/10 Amdt 2 - Hydromatic Propeller - Aluminium Blades [F2017L00127]
Purpose	Repeals and replaces AD/PHS/10 Amdt 1 to allow for Limited Category aircraft administered by the Australian Warbirds Association Ltd (AWAL) to have an extended inspection period to comply with AWAL Maintenance Direction 16-001
Last day to disallow	20 June 2017
Authorising legislation	Civil Aviation Safety Regulations 1998
Department	Infrastructure and Regional Development
Scrutiny principle	Standing Order 23(3)(a)

Access to 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.

With reference to the above, the committee notes that the instrument incorporates AWAL Maintenance Direction No: 16-001, as in force from time to time. The ES to the instrument states:

AWAL Maintenance Direction 16-001 is available by contacting the Australian Warbirds Association Ltd [AWAL] via their website (http://australianwarbirds.com.au/).

However, it is unclear from the ES and the AWAL website whether AWAL

Direction 16-001 may 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.