John Watson (Tasmania, Liberal Party) Share this | Link to this | Hansard source

On behalf of the Standing Committee on Regulations and Ordinances, and following receipt of a satisfactory response on behalf of the Regulations and Ordinances Committee, I give notice that, at the giving of notices on the next day of sitting, I shall withdraw business of the Senate notice of motion No. 1 standing in my name for five sitting days after today for the disallowance of the Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 2006 (No. 1). I seek leave to incorporate in Hansard the committee’s correspondence concerning these regulations.

Leave granted.

The correspondence read as follows—

Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 2006 (No. 1), Select Legislative Instrument 2006 No. 3

30 March 2006

Senator the Hon Eric Abetz

Minister for Fisheries, Forestry and Conservation

Suite M1.17

Parliament House

CANBERRA ACT 2600

Dear Minister

I refer to the Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 2006 (No. 1), Select Legislative Instrument 2006 No. 3. These Regulations specify a levy for licences granted or renewed in the Torres Strait Prawn Fishery.

The Committee notes that section 17 of the Legislative Instruments Act 2003 directs a rule-maker to be satisfied that appropriate consultation, as is reasonably practicable, has been undertaken particularly where a proposed instrument is likely to have an effect on business. Section 18 of the Act provides that in some circumstances consultation may be unnecessary or inappropriate. The definition of ‘explanatory statement’ in section 4 of the Act requires an explanatory statement to describe the nature of any consultation that has been carried out or, if there has been no consultation, to explain why none was undertaken. The Explanatory Statement that accompanies this Determination makes no reference to consultation. The Committee therefore seeks your advice on whether consultation was undertaken and, if so, the nature of that consultation.

The Committee also seeks an assurance that future explanatory statements will provide information on consultation as required by the Legislative Instruments Act.

The Committee would appreciate your advice on the above matter as soon as possible, but before 5 May 2006, to enable it to finalise its consideration of this Determination. Correspondence should be directed to the Chairman, Senate Standing Committee on Regulations and Ordinances, Room SG49, Parliament House, Canberra.

Yours sincerely

John Watson

Chairman

22 June 2006

Senator John Watson

Chairman

Senate Standing Committee on Regulations and Ordinances

Parliament House

CANBERRA ACT 2600

Dear Senator Watson

Thank you for your letter of 30 March 2006 (ref: 46/2006) regarding the Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 2006 (No. 1), Select Legislative Instrument 2006 No. 3. I regret the delay in responding.

With respect to Standing Committee’s question regarding consultation, I advise that on 13 January 2005 the Australian Fisheries Management Authority (AFMA) wrote to all members of the Torres Strait Prawn Working Group (the Working Group). The Working Group is part of the Protected Zone Joint Authority formal consultative structure.

The letter outlined proposed changes to the levy arrangements in the Torres Strait Prawn Fishery and invited comments on the proposals. The Working Group includes members of the Torres Strait Prawn Entitlement Holders Association—the industry body representing operators in the Torres Strait Prawn Fishery. The letter was copied to all licence holders and to the state industry peak body, the Queensland Seafood Industry Association. No responses to this correspondence were received.

Officers from my Department have spoken to the Committee Secretariat to clarify how information in the Explanatory Statement could have been better presented to inform the Standing Committee on how Section 17 of the Legislative Instruments Act 2003 requirements were met in this instance. My Department advises that the outcomes of this discussion have been reported to AFMA to avoid future misunderstanding.

I trust that the above information satisfactorily addresses the Committee’s concerns.

Yours sincerely

Eric Abetz

Minister for Fisheries, Forestry and Conservation