Commonwealth Numbered Regulations - Explanatory Statements

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INDEPENDENT NATIONAL SECURITY LEGISLATION MONITOR REPEAL REGULATION 2015 (SLI NO 147 OF 2015)

Independent National Security Legislation Monitor Repeal Regulation 2015

EXPLANATORY STATEMENT

Select Legislative Instrument No. 147, 2015

Issued under the Authority of the Prime Minister
in compliance with section 26 of the Legislative Instruments Act 2003

INTRODUCTION

The purpose of the proposed Regulation is to repeal the Independent National Security Legislation Monitor Regulations 2011 (the Monitor Regulations).

OUTLINE

The Independent National Security Legislation Monitor Act 2010 (the Act) establishes the Office of the Independent National Security Legislation Monitor (the Monitor), whose role is to review the operation, effectiveness and implications of Australia's national security and counter-terrorism legislation on an ongoing basis.

Section 32 of the Act provides that the Governor-General may make regulations prescribing matters required or permitted by this Act to be prescribed; or necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Sections 13(1) and 13(2) of the Act provide that the Monitor is to be paid remuneration as determined by the Remuneration Tribunal. If no determination of that remuneration is in operation, the Monitor is to be paid such remuneration as prescribed by the regulations and that the Monitor is to be paid the allowances that are prescribed by the regulations.

The Independent National Security Legislation Monitor Regulations 2011 (the Monitor Regulations) were introduced in 2011 to set the remuneration and allowances for the inaugural Monitor.

The Remuneration Tribunal made a determination on 16 December 2014 with respect to the Monitor's remuneration and travel allowance (Determination 2014/22).

The Monitor Regulations no longer have any practical effect as a Remuneration Tribunal determination is now in place to remunerate the Monitor.

PROCESS BEFORE REGULATION WAS MADE

Regulatory impact analysis

The Office of Best Practice Regulation (OBPR) has been consulted and has advised that a regulatory impact statement is not required

Statement of compatibility with human rights obligations

Before this regulation was made, its impact on human rights was assessed using tools and guidance published by the Attorney-General's Department. The purpose of the proposed Regulation is to repeal the Independent National Security Legislation Monitor Regulations 2011, which are no longer required. The Legislative Instrument does not engage any of the applicable rights or freedoms.

Consultation before making

Under section 17 of the Legislative Instruments Act 2003 (LIA), consultation must occur before legislative instruments are made, unless it is unnecessary or inappropriate to do so as set out in section 18 of the LIA. All relevant agencies have been consulted and advised that the regulation does not significantly alter existing arrangements and that further consultation is, therefore, unnecessary.

CONDITIONS AND COMMENCEMENT

The Act specifies no conditions that need to be satisfied before the power to make the proposed Regulation may be exercised.

The proposed Regulation would be a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The proposed Regulation would commence the day after registration.

More information

A provision by provision explanation of the regulation is provided in Attachment A.

NOTES ON SECTIONS                                                                            ATTACHMENT A

Section 1          Name of regulation

This section provides for the regulation to be named as the Independent National Security Legislation Monitor Repeal Regulation 2015. The regulation may be cited by that name.

Section 2          Commencement

This section provides for the regulation to commence on the day after it is registered on the Federal Register of Legislative Instruments. This is the day that would apply under subsection 12(1) of the LIA, if no commencement provision were made.

Section 3          Authority

This section identifies the Act that authorises the making of the regulation.

Section 4          Amendment of the Monitor Regulations

This section provides that the Monitor Regulations are amended or repealed as set out in the Schedule.

Schedule 1--Repeals

This Schedule repeals the Monitor Regulations.

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