Legislation Act 2003

Chapter 2 - Registration of Acts, legislative instruments and notifiable instruments  

Part 1 - The Federal Register of Legislation  

Division 3 - Registration on Federal Register of Legislation  

SECTION 15J   Explanatory statements  

Definition of explanatory statement

(1)  
An explanatory statement for a legislative instrument is one of the following statements prepared for laying before each House of Parliament:


(a) a statement (an initial explanatory statement ) for the instrument that complies with subsection (2);


(b) a statement (a replacement explanatory statement ) for the instrument that:


(i) replaces an explanatory statement for the instrument that has already been registered; and

(ii) complies with subsection (2);


(c) a statement (a supplementary explanatory statement ) for the instrument that:


(i) amends an initial explanatory statement or a replacement explanatory statement; and

(ii) complies with subsection (3).
Requirements for initial and replacement explanatory statements

(2)  
An initial explanatory statement, or a replacement explanatory statement, for a legislative instrument must:


(a) be approved by the rule-maker; and


(b) explain the purpose and operation of the instrument; and


(c) if any documents are incorporated in the instrument by reference - contain a description of the incorporated documents and indicate how they may be obtained; and


(d) if consultation was undertaken under section 17 before the instrument was made - contain a description of the nature of that consultation; and


(e) if no such consultation was undertaken - explain why no such consultation was undertaken; and


(f) if the instrument is a disallowable legislative instrument - contain a statement of compatibility prepared under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 ; and


(fa) (Repealed by No 55 of 2017)


(g) contain such other information as is prescribed by regulation.

Requirements for supplementary explanatory statements

(3)  
A supplementary explanatory statement for a legislative instrument must:


(a) be approved by the rule-maker; and


(b) contain such other information as is prescribed by regulation. Single explanatory statements - one or more legislative instruments

(4)  
A single explanatory statement may relate to one or more legislative instruments.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.