Commonwealth Consolidated Acts

LEGISLATION ACT 2003 - SECT 15J

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

  (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.