Commonwealth of Australia Explanatory Memoranda

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BIOSECURITY BILL 2014

                                 2013-2014-2015

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

                                     SENATE
                         BIOSECURITY BILL 2014

                             ADDENDUM TO THE
                    EXPLANATORY MEMORANDUM

         (Circulated by authority of the Minister for Agriculture,
                     the Honourable Barnaby Joyce MP)


BIOSECURITY BILL 2014 This addendum sets out additional information which will be added to the Revised Explanatory Memorandum, to address recommendations made by the Standing Committee for the Scrutiny of Bills in the Fourth Report of 2015. Clause 530 At the end of the last paragraph, include the following text: Detailed information about how the department will apply the fit and proper person test will be contained in administrative guidelines. This will ensure that a consistent approach is taken when applying the test and that the test achieves the desired outcome. Appropriate administrative guidance will be published on the department's website to provide further public detail about the application of this test. Clause 541 At the end of the fourth paragraph, include the following text: An example of an incidental or conducive action may include the production of administrative guidelines, including instructional material to detail how specific powers are to be exercised and what processes are to be followed in performing specific functions, in a manner that is consistent with the legislation. While administrative guidelines are not legal instruments, they are incidental to the exercise of power and provide the practical instructions required for officers to perform functions or exercise powers in a consistent and best practice manner. 2


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