Australian Tourist Commission Repeal Regulations 2004 2004 No. 394
EXPLANATORY STATEMENT
Statutory Rules 2004 No. 394
Issued by the Authority of the Minister for Small Business and Tourism
Tourism Australia (Repeal and Transitional Provisions) Act 2004
Australian Tourist Commission Repeal Regulations 2004
Australian Tourist Commission (Allowances) Repeal Regulations 2004
The operative provisions of the Tourism Australia Act 2004, and the Tourism Australia (Repeal and Transitional Provisions) Act 2004 (the Act) commenced on 1 July 2004. Tourism Australia, a statutory body subject to the Commonwealth Authorities and Companies Act 1997, commenced operations on the same day.
Tourism Australia is an amalgamation of the Australian Tourist Commission, See Australia Ltd, Bureau of Tourism Research and the Tourism Forecasting Council, and is responsible for international and domestic tourism marketing, events and tourism research.
The Act provides, under section 5, for the repeal of the Australian Tourist Commission Act 1987 (the ATC Act). The repeal took effect on 1 July 2004.
The purpose of the Regulations is to repeal various regulations made under the ATC Act that are no longer enforceable as the principal Act has been repealed. It is also a matter of good management of the statute books to remove these non-effective regulations.
Section 51 of the ATC Act provided the regulation-making power for the Australian Tourist Commission (Allowances) Regulations, the Australian Tourist Commission Regulations 2000, and the Australian Tourist Commission Amendment Regulations 2002 (No.1). Under the Acts Interpretation Act 1901, the power to make regulations is construed as including the power to repeal them. Since the ATC Act was repealed with effect on 1 July 2004, the original power to repeal the regulations made under that Act no longer exists.
However, subsection 51(1) of the Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. Further, subsection 51(2) provides that the regulations may be made dealing with other transitional matters arising out of the repeal of the ATC Act and the enactment of the Act and the Tourism Australia Act 2004. The repeal of regulations made under the ATC Act is such a transitional matter, therefore regulations to do so may be made under subsection 51(1) of the Act.
Two instruments are required to repeal the three regulations that were made under the ATC Act: the Australian Tourist Commission Repeal Regulations 2004 and the Australian Tourist Commission (Allowances) Repeal Regulations 2004.
The Regulations would commence on the date of their notification in the Gazette.
Overview
The Australian Tourist Commission Repeal Regulations 2004 were enacted to repeal various regulations made under the Australian Tourist Commission Act 1987, which was itself repealed by the Tourism Australia (Repeal and Transitional Provisions) Act 2004. This repeal addressed the issue of obsolete regulations following the restructuring of the Australian Tourist Commission into Tourism Australia, a statutory body responsible for international and domestic tourism marketing, events and tourism research. The Regulations were issued by the Minister for Small Business and Tourism under the authority granted by section 51 of the Tourism Australia (Repeal and Transitional Provisions) Act 2004, aiming to ensure a smooth transition and good management of the statute books. The policy objective was to streamline regulatory frameworks and eliminate outdated provisions to enhance the efficiency and effectiveness of tourism marketing and research activities.
Scope and Application
The Australian Tourist Commission Repeal Regulations 2004 and the Australian Tourist Commission (Allowances) Repeal Regulations 2004 apply to the repeal of various regulations previously made under the Australian Tourist Commission Act 1987, which were rendered unenforceable following the commencement of the Tourism Australia Act 2004 and the Tourism Australia (Repeal and Transitional Provisions) Act 2004 on 1 July 2004. These regulations serve to clean up the statute books by removing regulations that are no longer effective, given the repeal of their parent Act. The transitional provisions under section 51 of the Tourism Australia (Repeal and Transitional Provisions) Act 2004 empower the Governor-General to make regulations necessary or convenient for the implementation of the new Acts, including the repeal of outdated regulations. This ensures a smooth transition from the former regulatory framework to the new regime established by Tourism Australia, which is now responsible for both international and domestic tourism marketing, events, and research. These Regulations apply at the Commonwealth level and are instrumental in the administration and management of tourism within Australia, facilitating the integration of previously separate entities under a unified statutory body.
Key Provisions
The Australian Tourist Commission Repeal Regulations 2004 (subsection 51(1)) and the Australian Tourist Commission (Allowances) Repeal Regulations 2004 (subsection 51(2)) are the main operative sections of the Act. These regulations are intended to repeal the Australian Tourist Commission Regulations 2000, the Australian Tourist Commission Amendment Regulations 2002 (No. 1), and the Australian Tourist Commission (Allowances) Regulations, which were made under the Australian Tourist Commission Act 1987 (ATC Act). The ATC Act was repealed by the Tourism Australia (Repeal and Transitional Provisions) Act 2004, which led to the establishment of Tourism Australia as a statutory body responsible for international and domestic tourism marketing, events, and tourism research. The Regulations aim to remove non-enforceable regulations from the statute books and ensure a smooth transition to the new regime.
The Act imposes several obligations and requirements on the entities it governs. Firstly, it mandates the repeal of the ATC Act and its associated regulations to align with the new framework established by the Tourism Australia Act 2004. Secondly, it requires the Australian Tourist Commission Repeal Regulations 2004 and the Australian Tourist Commission (Allowances) Repeal Regulations 2004 to be made under the authority of the Governor-General, ensuring that these regulations are prescribed and necessary for carrying out or giving effect to the Act. Additionally, the Act requires the regulations to deal with transitional matters arising from the repeal of the ATC Act and the enactment of the Tourism Australia Act 2004.
The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach within the Explanatory Statement. However, it is implied that failure to comply with the regulations may lead to legal consequences. Under the Acts Interpretation Act 1901, regulations made under the Act are considered to have the force of law, and non-compliance could potentially result in penalties as prescribed by other relevant legislation. The maximum penalties for breaches would depend on the specific provisions of those other Acts. It is essential for parties and entities governed by the Act to ensure compliance to avoid any potential legal repercussions.