Commonwealth Numbered Regulations - Explanatory Statements
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AGRICULTURE, FISHERIES AND FORESTRY REDUNDANT REGULATIONS (REPEAL) 2011 (SLI NO 69 OF 2011)
EXPLANATORY STATEMENT
Select Legislative Instrument 2011 No. 69
Dairy Produce Act 1986
Forestry and Timber Bureau Act 1930
Wool International Act 1993
Agriculture, Fisheries and Forestry Redundant Regulations (Repeal) 2011
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Background
In 2008, the Australian Department of Finance and Deregulation, in cooperation with other Australian government agencies, identified redundant Commonwealth instruments. These include several Statutory Rules administered by the Minister for Agriculture, Fisheries and Forestry that were made under the Dairy Produce Act 1986, Forestry and Timber Bureau Act 1930, and Wool International Act 1993.
Repealed Statutory Rules
This instrument repeals:
- two Statutory Rules about the Board of Higher Forestry Education, made under section 13 of the Forestry and Timber Bureau Act 1930.
- one Statutory Rule under section 126 of the Dairy Produce Act 1986.
- seven Statutory Rules, made under section 72 the Wool International Act 1993.
The details on each repealed Statutory Rule are stated in the Notes On Clauses on page 2 of this Explanatory Statement.
Authority
This instrument of repeal is made in accordance with subsection 33(3) of the Acts Interpretation Act 1901. Subsection 33(3) states that where an Act confers a power to make, grant or issue any instrument the power shall, unless the contrary intention appears, be construed as including a power exercisable and subject to the like conditions, if any, in the like manner to repeal, rescind, revoke, amend, or vary any such instrument.
The above provisions of the Dairy Produce Act 1986, Forestry and Timber Bureau Act 1930, and Wool International Act 1993 confer the powers on the Minister to make the statutory rules that this instrument repeals. None of these provisions subject the exercise of power to any conditions.
Consultation
The maker of this repeal instrument regarded it as unnecessary and inappropriate to conduct consultations about it, as per subsection 18(2)(a) of the Legislative Instruments Act 2003. Subsection 18(2)(a) provides that the maker of instruments may be satisfied that consultation on it is inappropriate or unnecessary, if it is making a change of a minor or machinery nature that does not substantially alter existing arrangements.
This repeal instrument is removing redundant statutory rules from the Commonwealth statute book. It is, therefore, making a change of the kind envisaged by subsection 18(2)(a).
Federal Register of Legislative Instruments
This repeal instrument is a legislative instrument as defined by section 5 of the Legislative Instruments Act 2003. Section 24 of that Act requires all legislative instruments to be lodged for registration, and registered, on the Federal Register of Legislative Instruments.
Notes on clauses
Clause 1 - Name of instrument
Clause 1 provides that the name of the instrument is Agriculture, Fisheries and Forestry Redundant Regulations (Repeal) 2011.
Clause 2 - Commencement
Clause 2 provides that this repeal instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.
Clause 3 - Board of Higher Forestry Education Regulations - repeal
Clause 3 provides for the repeal of Statutory Rule 1945, No. 27, the Board of Higher Forestry Education Regulations, and Statutory Rule 1947, No. 111, the Board of Higher Forestry Education Regulations (Amendment). Both Statutory Rules were made under the Forestry and Timber Bureau Act 1930.
Clause 4 - Dairy Adjustment Authority Regulations 2000 - repeal
Clause 4 provides for the repeal of Statutory Rule 2000, No. 68, the Dairy Adjustment Authority Regulations 2000, made under the Dairy Produce Act 1986.
Clause 5 - Wool International Regulations 1993- repeal
Clause 5 provides for the repeal of seven Statutory Rules, being Statutory Rules:
- 1993, No. 336, the Wool International Regulations;
- 1994, No. 43, Wool International Regulations (Amendment);
- 1994, No. 89, Wool International Regulations (Amendment);
- 1996, No. 143, Wool International Regulations (Amendment);
- 1997, No. 78, Wool International Regulations (Amendment);
- 1997, No. 356, Wool International Regulations (Amendment); and
- 1999, No. 129, Wool International Regulations Amendment Regulations 1999 (No.1).
These Statutory Rules were made under the Wool International Act 1993.
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