Agriculture, Fisheries and Forestry Redundant Regulations (Repeal) 2011

Administered by Department of Agriculture

Legislation au F2011L00965 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument 2011 No. 69

 

Dairy Produce Act 1986

 Forestry and Timber Bureau Act 1930

Wool International Act 1993

 

Agriculture, Fisheries and Forestry Redundant Regulations (Repeal) 2011

 

Issued by the authority of the Minister for Agriculture, Fisheries and Forestry

 

 

Background

 

In 2008, the Australian Department of Finance and Deregulation, in cooperation with other Australian government agencies, identified redundant Commonwealth instruments. These include several Statutory Rules administered by the Minister for Agriculture, Fisheries and Forestry that were made under the Dairy Produce Act 1986, Forestry and Timber Bureau Act 1930, and Wool International Act 1993.

 

Repealed Statutory Rules

This instrument repeals:

-                                                                                                                                                                                                                                                                                                                                                                        two Statutory Rules about the Board of Higher Forestry Education, made under section 13 of the Forestry and Timber Bureau Act 1930.

 

-                                                                                                                                                                                                                                                                                                                                                                        one Statutory Rule under section 126 of the Dairy Produce Act 1986.

 

-                                                                                                                                                                                                                                                                                                                                                                        seven Statutory Rules, made under section 72 the Wool International Act 1993.

 

The details on each repealed Statutory Rule are stated in the Notes On Clauses on page 2 of this Explanatory Statement.

 

Authority

 

This instrument of repeal is made in accordance with subsection 33(3) of the Acts Interpretation Act 1901. Subsection 33(3) states that where an Act confers a power to make, grant or issue any instrument the power shall, unless the contrary intention appears, be construed as including a power exercisable and subject to the like conditions, if any, in the like manner to repeal, rescind, revoke, amend, or vary any such instrument.

 

The above provisions of the Dairy Produce Act 1986, Forestry and Timber Bureau Act 1930, and Wool International Act 1993 confer the powers on the Minister to make the statutory rules that this instrument repeals. None of these provisions subject the exercise of power to any conditions.

 

Consultation

 

The maker of this repeal instrument regarded it as unnecessary and inappropriate to conduct consultations about it, as per subsection 18(2)(a) of the Legislative Instruments Act 2003. Subsection 18(2)(a) provides that the maker of instruments may be satisfied that consultation on it is inappropriate or unnecessary, if it is making a change of a minor or machinery nature that does not substantially alter existing arrangements.

 

This repeal instrument is removing redundant statutory rules from the Commonwealth statute book. It is, therefore, making a change of the kind envisaged by subsection 18(2)(a).

 

Federal Register of Legislative Instruments

 

This repeal instrument is a legislative instrument as defined by section 5 of the Legislative Instruments Act 2003. Section 24 of that Act requires all legislative instruments to be lodged for registration, and registered, on the Federal Register of Legislative Instruments.

 

 

 

Notes on clauses

 

Clause 1 – Name of instrument

 

Clause 1 provides that the name of the instrument is Agriculture, Fisheries and Forestry Redundant Regulations (Repeal) 2011.

 

Clause 2 - Commencement

 

Clause 2 provides that this repeal instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.

 

Clause 3 – Board of Higher Forestry Education Regulations – repeal

 

Clause 3 provides for the repeal of Statutory Rule 1945, No. 27, the Board of Higher Forestry Education Regulations, and Statutory Rule 1947, No. 111, the Board of Higher Forestry Education Regulations (Amendment). Both Statutory Rules were made under the Forestry and Timber Bureau Act 1930.

 

Clause 4 – Dairy Adjustment Authority Regulations 2000 – repeal

 

Clause 4 provides for the repeal of Statutory Rule 2000, No. 68, the Dairy Adjustment Authority Regulations 2000, made under the Dairy Produce Act 1986.

 

Clause 5 – Wool International Regulations 1993– repeal

 

Clause 5 provides for the repeal of seven Statutory Rules, being Statutory Rules:

 

-       1993, No. 336, the Wool International Regulations;

 

-       1994, No. 43, Wool International Regulations (Amendment);

 

-       1994, No. 89, Wool International Regulations (Amendment);

 

-       1996, No. 143, Wool International Regulations (Amendment);

 

-       1997, No. 78, Wool International Regulations (Amendment);

 

-       1997, No. 356, Wool International Regulations (Amendment); and

-       1999, No. 129, Wool International Regulations Amendment Regulations 1999 (No.1).

 

These Statutory Rules were made under the Wool International Act 1993.

Overview

The Agriculture, Fisheries and Forestry Redundant Regulations (Repeal) 2011 was introduced to address the presence of redundant statutory rules within the Commonwealth statute book. Enacted by the Australian government in 2011, the instrument repeals several statutory rules under the Dairy Produce Act 1986, Forestry and Timber Bureau Act 1930, and Wool International Act 1993. The primary objective of this repeal is to streamline and modernise the regulatory framework by eliminating outdated or redundant regulations, thereby reducing unnecessary complexity and improving the efficiency of the legislative process. The instrument was issued by the authority of the Minister for Agriculture, Fisheries and Forestry and is in accordance with the provisions of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, ensuring that the repeal is a minor, machinery change that does not substantially alter existing arrangements.

Scope and Application

The Agriculture, Fisheries and Forestry Redundant Regulations (Repeal) 2011 applies to the repeal of certain statutory rules under the Dairy Produce Act 1986, the Forestry and Timber Bureau Act 1930, and the Wool International Act 1993, effectively removing outdated or redundant regulations from the Commonwealth statute book. This instrument, issued by the Minister for Agriculture, Fisheries and Forestry, aims to streamline and modernise the legislative framework governing these industries by eliminating unnecessary regulatory provisions. The repeal affects various statutory rules related to the Board of Higher Forestry Education, the Dairy Adjustment Authority, and Wool International. The repeal instrument is applicable at the national level and removes specified statutory rules without introducing new regulatory requirements or altering existing substantive provisions. The repeal does not include any stated exclusions or exemptions, and it does not impose new thresholds or conditions. The authority to make this repeal is derived from the powers conferred by the respective acts, and the instrument was deemed not to require consultation as it represents a minor change of a machinery nature. The repeal will take effect on the day after it is registered on the Federal Register of Legislative Instruments.

Key Provisions

The Agriculture, Fisheries and Forestry Redundant Regulations (Repeal) 2011 (hereafter the "Repeal Instrument") is a legislative measure designed to eliminate outdated and redundant statutory rules that were previously made under the Dairy Produce Act 1986, the Forestry and Timber Bureau Act 1930, and the Wool International Act 1993. The repeal is aimed at streamlining and modernising the Commonwealth's statutory framework. Clause 3 of the Repeal Instrument specifically repeals two Statutory Rules related to the Board of Higher Forestry Education, made under section 13 of the Forestry and Timber Bureau Act 1930. Clause 4 repeals the Dairy Adjustment Authority Regulations 2000, which were made under section 126 of the Dairy Produce Act 1986. Finally, Clause 5 repeals seven Statutory Rules related to Wool International, made under section 72 of the Wool International Act 1993. These repealed Statutory Rules include the Wool International Regulations and several amendments thereto, as detailed in the Notes on Clauses. The Repeal Instrument imposes certain obligations on the Minister for Agriculture, Fisheries and Forestry, primarily by authorising the removal of the specified Statutory Rules from the Commonwealth statute book. The Minister is required to ensure that these redundant rules are repealed as per the provisions of the Acts Interpretation Act 1901, which allows for the repeal of statutory instruments without the need for any additional conditions. Additionally, the Legislative Instruments Act 2003 permits the Minister to proceed with such a repeal without conducting consultations, as the changes are deemed to be of a minor or machinery nature and do not substantially alter existing arrangements. In terms of consequences, there are no direct civil or criminal penalties associated with the breach of the provisions in the Repeal Instrument, as it primarily serves to remove redundant statutory rules. However, any entities or individuals who may have been subject to the repealed Statutory Rules should be aware that their obligations under those rules are no longer applicable. Failure to comply with any remaining relevant provisions under the primary Acts (Dairy Produce Act 1986, Forestry and Timber Bureau Act 1930, Wool International Act 1993) could potentially result in penalties as stipulated within those Acts. The Repeal Instrument itself does not introduce any new penalties but rather clarifies the legal landscape by removing outdated regulations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.