Commonwealth Numbered Regulations - Explanatory Statements

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SEAT OF GOVERNMENT (ADMINISTRATION) REPEAL REGULATIONS 2019 (F2019L00315)

EXPLANATORY STATEMENT

Seat of Government (Administration) Repeal Regulations 2019

Issued by the authority of the Assistance Minister for Regional Development and Territories,

Seat of Government (Administration) Act 1910

Authority

The Seat of Government (Administration) Act 1910 (the Act) provides for the Provisional Government of the Territory for the Seat of Government of the Commonwealth.

In addition to the power to make the Seat of Government (Administration) Regulations (the Regulations) under section 12(D) of 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 of a legislative or administrative character (including rules, regulations or by-laws), the power shall 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.

Purpose and Operation

The Seat of Government (Administration) Repeal Regulations 2019 repeals the Regulations.

The Regulations prescribed the Australian Capital Territory Electricity and Water Authority for the purposes of section 12BA of the Act. This empowered the Australian Government to enter into arrangements relating to the supply of electricity for use in the ACT under the Snowy Mountains Hydro-electric Power Act 1949.

As section 12BA of the Act was repealed in 1997, the Regulations no longer have an impact.

Consultation 

The following stakeholders were consulted and agreed that the Regulations should be repealed: ACT Government; National Capital Authority; Attorney-General's Department; Department of Agriculture and Water Resources; Department of Social Services; Department of Industry; Innovation and Science; Department of Communications and the Arts; Department of Education and Training; Department of Health; The Treasury; Department of Finance; Department of Veterans' Affairs; Department of Foreign Affairs and Trade; and Australian Federal Police.

The Seat of Government (Administration) Repeal Regulations 2019 is a legislative instrument for the purposes of the Legislation Act 2003.

It commences the day after it is registered.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Seat of Government (Administration) Repeal Regulations 2019

This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. 

Overview of the Legislative Instrument

This Disallowable Legislative Instrument repeals the Seat of Government (Administration) Regulations that no longer has any legal effect or regulatory purpose.

Human rights implications

This Disallowable Legislative Instrument does not engage any of the applicable rights and freedoms.

Conclusion

This Disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues.