Commonwealth Numbered Regulations - Explanatory Statements

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SOCIAL SECURITY (FAMILY ACTUAL MEANS TEST) REPEAL REGULATIONS 2004 2004 NO. 297

EXPLANATORY STATEMENT

Statutory Rules 2004 No. 297

Issued by the Authority of the Minister for Family and Community Services

Social Security (Administration) Act 1999

Social Security (Family Actual Means Test) Repeal Regulations 2004

Subsection 243(1) of the Social Security (Administration) Act 1999 (the Admin Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Social Security Act 1991 (the Act) or the Admin Act, or necessary or convenient to be prescribed for carrying out or giving effect to the Act or the Admin Act.

The contents of the Social Security (Family Actual Means Test) Regulations 1998 (the Principal Regulations) have been moved into the Act as a result of the enactment of the Youth Allowance Consolidation Act 2000.

The purpose of the proposed Regulations is to repeal the Principal Regulations (and other amending Regulations) because they are now redundant.

Subsection 33(3) of the Acts Interpretation Act 1901 provides in part, that where an Act confers a power to make regulations, the power shall, unless the contrary intention appears, be construed as including a power exercisable in the like manner to repeal any such regulations. The contrary intention does not appear in the Admin Act, therefore the power to make regulations under subsection 243(l) of that Act shall be construed to include a power to repeal regulations.

Neither the Act nor the Admin Act specify any conditions that must be met before the power to make the proposed Regulations may be exercised.

The Regulations will commence on the date of their notification in the Gazette.


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