Legislation Act 2003

Chapter 2 - Registration of Acts, legislative instruments and notifiable instruments  

Part 1 - The Federal Register of Legislation  

Division 3 - Registration on Federal Register of Legislation  

SECTION 15J   Explanatory statements  

Definition of explanatory statement

(1)    
An explanatory statement for a legislative instrument is one of the following statements prepared for laying before each House of Parliament:

(a) a statement (an initial explanatory statement ) for the instrument that complies with subsection (2);

(b) a statement (a replacement explanatory statement ) for the instrument that:

(i) replaces an explanatory statement for the instrument that has already been registered; and

(ii) complies with subsection (2);

(c) a statement (a supplementary explanatory statement ) for the instrument that:

(i) amends an initial explanatory statement or a replacement explanatory statement; and

(ii) complies with subsection (3).

Requirements for initial and replacement explanatory statements

(2)    
An initial explanatory statement, or a replacement explanatory statement, for a legislative instrument must:

(a) be approved 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 incorporated documents 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 the instrument is a disallowable legislative instrument - contain a statement of compatibility prepared under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 ; and

(fa) (Repealed by No 55 of 2017)

(g) contain such other information as is prescribed by regulation.

Requirements for supplementary explanatory statements

(3)    
A supplementary explanatory statement for a legislative instrument must:

(a) be approved by the rule-maker; and

(b) contain such other information as is prescribed by regulation.

Single explanatory statements - one or more legislative instruments

(4)    
A single explanatory statement may relate to one or more legislative instruments.