Commonwealth Numbered Regulations - Explanatory Statements

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ARTS LEGISLATION REDUNDANT REGULATIONS (REPEAL) 2011 (SLI NO 179 OF 2011)

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2011 No. 179

 

Issued by the Minister for the Arts

 

Australian Film, Television and Radio School Act 1973

National Gallery Act 1975

Acts Interpretation Act 1901

 

Arts Legislation Redundant Regulations (Repeal) 2011

 

This explanatory statement relates to an instrument made pursuant to the Australian Film, Television and Radio School Act 1973 and the National Gallery Act 1975. The purpose of the instrument to which this statement relates is to repeal the following:

 

 

Legislative Authority

 

Section 51 of the Australian Film, Television and Radio School Act 1973 (AFTRS Act) provides for the Governor-General to make regulations that are required or permitted by the Act or are necessary or convenient to be prescribed for the carrying out or giving effect to the Act.  

 

Section 46 of the National Gallery Act 1975 (National Gallery Act) provides for the Governor-General to make regulations required or permitted by the Act or are necessary or convenient to be prescribed for the carrying out or giving effect to the Act.

 

Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make, grant or issue any instrument (including rules, regulations or by-laws) the power shall, unless the contrary intention appears, be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Reason for Repeal

 

In February 2009 the Government announced in the Updated Economic and Fiscal Outlook that it would undertake a review of pre-2008 Commonwealth subordinate legislation and other regulation (the Review) in order to document those regulations which impose net costs on business and identify the scope to improve regulatory efficiency. The Department of Finance and Deregulation was tasked with the co-ordination of the Review on the Government's behalf.

 

The Review identified legislative instruments administered within the Arts portfolio including all instruments relating to the AFTRS Act. The Review identified the Australian Film, Television and Radio School (Allowances) Regulations SR 1992 No. 135 as redundant and recommended they be revoked.

 

The AFTRS Act provides for the operations of the Australian Film, Television and Radio School. The Australian Film, Television and Radio School (Allowances) Regulations SR 1992 No. 135 outline the allowances that can be paid to the Director of the School. However, these allowances are now set under the Remuneration Tribunal Act 1973.  There consequently is no reason to maintain the amending regulations.

 

The Australian Film, Television and Radio School (Allowances) Regulations (Amendment) 1995 No. 48 was not identified by the Review as being redundant or recommended for revocation. However, this amending regulation has since been omitted by subsequent amendments and therefore, for consistency, this amending regulation will also be repealed as it is redundant. 

 

The Review also identified all legislative instruments relating to the National Gallery Act. The Review identified the four National Gallery amending Regulations listed above as redundant and recommended they be revoked.

 

The National Gallery Act establishes and regulates the operations of the Gallery. The aim of the amending Regulations was to support the National Gallery Act in the operation and governance of the National Gallery, specifically in relation to: prescribed amounts, such as for purchases of art; entry charges; gallery security; and sale of liquor. The provisions of the amending Regulations have since been omitted by subsequent amendments.  There consequently appears to be no reason to maintain the amending Regulations listed above. 

 

The Review also recommended that National Gallery Amendment Regulations 1998 (No. 1) (SR 1998 No. 376) be revoked.  However, some of the regulations in this instrument still form part of the National Gallery Regulations 1982 and need to be retained.  Therefore, the Department has decided not to accept the recommendation of the Review in regard to this amending regulation.

 

 

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