EXPLANATORY STATEMENT
Commonwealth Cleaning Services Guidelines Repeal Instrument 2014
The Instrument to which this explanatory statement relates
This explanatory statement relates to the Commonwealth Cleaning Services Guidelines Repeal Instrument 2014 (the instrument).
Purpose of the instrument
The purpose of the instrument is to repeal the Commonwealth Cleaning Services Guidelines 2012 [F2013L00435].
The legislative authority under which the instrument is made
Section 64(1) of the Financial Management and Accountability Act 1997 (the FMA Act) provides that the regulations may authorise a Minister to issue guidelines to officials on matters within the Minister’s responsibility.
Regulation 7B of the Financial Management and Accountability Regulations 1997 provides that the Minister for Tertiary Education, Skills, Jobs and Workplace Relations may issue guidelines (to be called Commonwealth Cleaning Services Guidelines) for the administration of tenders conducted by Agencies in relation to the procurement of cleaning services for properties occupied by Agencies, including:
- procurement policies and processes; and
- requirements regarding entering into procurement arrangements.
Section 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions to repeal, rescind, revoke, amend or vary any such instrument.
Section 13 of the Legislative Instruments Act 2003 provides that if enabling legislation confers on a rule-maker the power to make a legislative instrument then, unless the contrary intention appears, the Acts Interpretation Act 1901 applies to any legislative instrument so made as if it were an Act.
Consultation
The Department undertook consultation with key stakeholders in relation to the repeal of the Commonwealth Cleaning Services Guidelines 2012, including the Business Services Contractors Association of Australia and United Voice.
Statement of Compatibility with Human Rights
In accordance with section 9 of the Human Rights (Parliamentary Scrutiny) Act 2011, a Statement of Compatibility with Human Rights is not required for this instrument as section 43 of the Legislative Instruments Act 2003 does not apply to it (see section 64 of the Financial Management and Accountability Act 1997).
Regulation Impact Statement
The Regulation Impact Statement for the revocation of the Fair Work Principles and the Commonwealth Cleaning Services Guidelines 2012 has been prepared and is available at http://ris.dpmc.gov.au/.
Commencement
The instrument commences the day after it is registered on the Federal Register of Legislative Instruments.