Commonwealth Numbered Regulations - Explanatory Statements

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COMMONWEALTH SERUM LABORATORIES REGULATIONS (REPEAL) 1994 NO. 179

Statutory Rules 1994 No. 179

Issued by the Authority of the Minister for Health

Commonwealth Serum Laboratories Act 1961

Commonwealth Serum Laboratories Regulations (Repeal)

Section 42(1) of the Commonwealth Serum Laboratories Act 1961 (the Act) provides that the Governor-General may make regulations not inconsistent with the Act. The regulations repeal the Commonwealth Serum Laboratories Regulations (the Principal Regulations) made pursuant to the Act.

The Principal Regulations were made under the Commonwealth Serum Laboratories Act 1961 for the purposes of prescribing matters relevant to the Act. The Commonwealth Serum Laboratories (Conversion into a Public Company) Act 1990 (the "Conversion Act") saved the operation of the Principal Regulations made under the Act, however it replaced the actual provision (subsection 19(1)) which it was the purpose of the Principal Regulations to prescribe things for. The Principal Regulations are therefore redundant and should be repealed.

To this end, the regulations repeal Statutory Rules 1981 No. 7; 1983 No. 23; 1984 No. 81; 1986 No. 112; and 1989 No. 35.

The commencement of the regulations is tied to the declaration of the sale day under section 4 of the CSL Sale Act 1993. The "sale day" is that day which the Minister for Finance, pursuant to section 4 of the CSL Sale Act 1993, declares to be, "the first day ... on which a majority of the voting shares in CSL are acquired by a person, or persons, other than the Commonwealth or a nominee of the Commonwealth." Retrospective operation of the regulations is allowed by section 48 of the CSL Sale Act 1993 and section 48 of the Acts Interpretation Act 1901.