Commonwealth Numbered Regulations - Explanatory Statements

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WORKPLACE RELATIONS LEGISLATION REPEAL REGULATION 2012 (SLI NO 81 OF 2012)

EXPLANATORY STATEMENT

 

 

Select Legislative Instrument 2012 No. 81

 

Issued by the authority of the Minister for Employment and Workplace Relations

 

 

                            Builders Labourers' Federation (Cancellation of Registration - Consequential Provisions) Act 1986

 

                            Construction Industry Reform and Development Act 1992

 

Workplace Relations Legislation Repeal Regulation 2012

 

Section 8 of the Builders Labourers' Federation (Cancellation of Registration - Consequential Provisions) Act 1986 and section 56 of the Construction Industry Reform and Development Act 1992 provide, in part, that the Governor-General may make regulations prescribing matters required or permitted by those Acts, or necessary or convenient to be prescribed for carrying out or giving effect to those Acts.  

 

The Workplace Relations Legislation Repeal Regulation 2012 (the Regulation) repeals the Builders Labourers' Federation (Cancellation of Registration - Consequential Provisions) Regulations (the BLF Regulations) and the Construction Industry Development Agency (Transitional) Regulations (the CIDA Regulations) because they are now redundant.

 

The BLF Regulations were made under the Builders Labourers' Federation (Cancellation of Registration - Consequential Provisions) Act 1986 following the cancellation of the Australian Building Construction Employees' and Builders Labourers' Federation's (BLF) registration under the Conciliation and Arbitration Act 1904.  The BLF Regulations faciliated persons who were employed in the building and construction industry in a class of work previously covered by the BLF, to be eligible for membership of other employee organisations.  Since the organisations referred to in the BLF Regulations have been merged with other employee organisations, the Regulations are now redundant.

 

The Construction Industry Reform and Development Act 1992 established the Construction Industry Development Agency (the Agency), which was wound up and ceased to exist on 1 July 1995 in accordance with section 15 of that Act.  The CIDA Regulations provided for the transfer of the Agency's assets and liabilities to the Commonwealth.  Since the Agency has been dissolved and its functions and resources have been transferred to the Commonwealth, the CIDA Regulations are now redundant.

 

Consultation was not considered necessary in the development of the Regulation because it deals with the repeal of obsolete legislation which the Minister for Employment and Workplace Relations currently administers.

 

The Builders Labourers' Federation (Cancellation of Registration - Consequential Provisions) Act 1986 and the Construction Industry Reform and Development Act 1992 do not impose any conditions that need to be satisfied before the power to make the proposed Regulation may be exercised.

 

The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required.

 

The Regulation commences the day after it is registered on the Federal Register of Legislative Instruments.


 

Statement of Compatibility with Human Rights

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

Workplace Relations Legislation Repeal Regulation 2012

This 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

The Workplace Relations Legislation Repeal Regulation 2012 (the Regulation) repeals the Builders Labourers' Federation (Cancellation of Registration - Consequential Provisions) Regulations 1986 and the Construction Industry Development Agency (Transitional) Regulations 1995 because they are now obsolete. 

The BLF Regulations were made under the Builders Labourers' Federation (Cancellation of Registration - Consequential Provisions) Act 1986 following the cancellation of the Australian Building Construction Employees' and Builders Labourers' Federation's (BLF) registration under the Conciliation and Arbitration Act 1904.  Since the organisations referred to in the BLF Regulations have been merged with other employee organisations, the Regulations are now redundant.

The Construction Industry Reform and Development Act 1992 established the Construction Industry Development Agency (the Agency), which was wound up and ceased to exist on 1 July 1995 in accordance with section 15 of that Act.  The CIDA Regulations provided for the transfer of the Agency's assets and liabilities to the Commonwealth.  Since the Agency has been dissolved and its functions and resources have been transferred to the Commonwealth, the CIDA Regulations are now redundant.

 

Human rights implications

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

Conclusion

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

Bill Shorten, Minister for Employment and Workplace Relations


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