Home | Databases | WorldLII | Search | Feedback Australian Senate Standing Committee for the Scrutiny of Delegated Legislation - Monitor

You are here: 

Amendment to the list of migratory species under section 209 of the Environment Protection and Biodiversity Conservation Act 1999 (26/11/2013) [F2013L02109] -New and continuing matters [ 2014] AUSStaCSDLM 11  (12 February 2014)

Amendment to the list of migratory species under section 209 of the Environment Protection and Biodiversity Conservation Act 1999 (26/11/2013) [F2013L02109]

ISSUE:

No information regarding consultation

Section 17 of the Legislative Instruments 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, particularly where that instrument is likely to have an effect on business. Section 18, however, provides that in some circumstances such consultation may be unnecessary or inappropriate. 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 (section 26). With reference to these requirements, the ES for the instrument makes no reference to consultation. The committee therefore requests further information from the minister; and requests that the ES be updated in accordance with the requirements of the Legislative Instruments Act 2003.