S 26 repealed by No 10 of 2015, s 3 and Sch 1 item 36, effective 5 March 2016. See note under the title of the Act. S 26 formerly read:
SECTION 26 Explanatory statements
(1)
If a legislative instrument is lodged for registration under this Division, the rule-maker must also lodge for registration, at the same time or as soon as practicable thereafter, the explanatory statement in electronic form that relates to that instrument.
(1A)
For the purposes of this Act, an explanatory statement in relation to a legislative instrument must:
(a)
be prepared by the rule maker; and
(b)
explain the purpose and operation of the instrument; and
(c)
if any documents are incorporated in the instrument by reference
-
contain a description of the documents so incorporated and indicate how they may be obtained; and
(d)
if consultation was undertaken under section
17
before the instrument was made
-
contain a description of the nature of that consultation; and
(e)
if no such consultation was undertaken
-
explain why no such consultation was undertaken; and
(f)
if section
42
applies to the instrument
-
contain a statement of compatibility prepared under subsection 9(1) of the
Human Rights (Parliamentary Scrutiny) Act 2011
; and
(g)
contain such other information as is prescribed by the regulations.
History
S 26(1A) inserted by No 135 of 2012, s 3 and Sch 1 item 26, effective 23 September 2012.
(1B)
For the avoidance of doubt, the requirement in paragraph (1A)(b):
(a)
may be met by an explanation that the instrument replaces a specified earlier legislative instrument or a specified provision of an earlier legislative instrument and is the same in substance as the specified instrument or provision; and
(b)
may be met in relation to a particular provision of the instrument by an explanation that the provision replaces a specified earlier legislative instrument or a specified provision of an earlier legislative instrument and is the same in substance as the specified instrument or provision.
History
S 26(1B) inserted by No 135 of 2012, s 3 and Sch 1 item 26, effective 23 September 2012.
(1C)
Subsection (1B) does not limit the ways in which the requirement in paragraph (1A)(b) may be met. Paragraph (1B)(b) does not imply that paragraph (1A)(b) requires a separate explanation of the purpose and operation of each provision of the instrument.
History
S 26(1C) inserted by No 135 of 2012, s 3 and Sch 1 item 26, effective 23 September 2012.
(1D)
A single explanatory statement may relate to one or more legislative instruments.
History
S 26(1D) inserted by No 135 of 2012, s 3 and Sch 1 item 26, effective 23 September 2012.
(2)
A failure by the rule-maker to lodge the explanatory statement in relation to an instrument in accordance with subsection (1) does not affect the validity or enforceability of the instrument.
Note:
The obligation imposed on a rule-maker to comply with this section is not affected by the rule-maker's compliance with subsection
39(2)
.
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