Legislative Instruments Amendment (Sunsetting Measures) Act 2012 (135 of 2012)

Schedule 1   Legislative Instruments Act 2003

Part 3   Explanatory statements

26   After subsection 26(1)

Insert:

(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.

(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.

(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.

(1D) A single explanatory statement may relate to one or more legislative instruments.