Resource Assessment Commission Regulations (Amendment)

Overview

The Resource Assessment Commission Regulations (Amendment) 1992 No. 35, issued under the authority of the Prime Minister, was enacted to address specific drafting errors in the Resource Assessment Commission Regulations that were made pursuant to the Resource Assessment Act 1989. The objective of this amendment was to correct references within the Regulations that inaccurately cited subsections and paragraphs of the Act, ensuring that the Regulations align correctly with the provisions of the Act. This amendment serves to rectify these inconsistencies and maintain the integrity and accuracy of the legal framework governing the Resource Assessment Commission. The policy objective is to ensure that the Regulations accurately reflect the provisions of the Act, thereby facilitating effective administration and enforcement of the Resource Assessment Commission Act 1989.

Scope and Application

The Resource Assessment Commission Regulations (Amendment) 1992 No. 35 amends the original regulations made under the Resource Assessment Commission Act 1989 to correct drafting errors in references to specific subsections and paragraphs of the Act. These corrections pertain to the allowances and remuneration for individuals giving evidence and the allowances payable to Commissioners, ensuring that the references align with the correct sections and paragraphs within the Act. The amendments are necessary to rectify the discrepancies identified in the original regulatory framework, thereby ensuring the proper application of the provisions concerning allowances and remuneration within the legislative context. The scope of this amendment is limited to the specified drafting errors and does not extend to other aspects of the Resource Assessment Commission Regulations. The geographic and jurisdictional reach of this amendment remains within the Commonwealth, as it pertains to the correction of regulatory references under the federal act. The amendment applies to all persons and entities governed by the original Resource Assessment Commission Regulations, including individuals providing evidence and Commissioners, who are directly affected by the corrected references to allowances and remuneration. This ensures that the regulations accurately reflect the provisions of the Act. The amendment does not introduce any new exclusions, exemptions, or thresholds; it merely rectifies existing inaccuracies. The Act extends its application through these subordinate instruments, ensuring that the regulations remain aligned with the legislative intent of the Resource Assessment Commission Act 1989.

Key Provisions

The Resource Assessment Commission Regulations (Amendment) 1992 No. 35 (the Regulations) amends the Resource Assessment Commission Regulations to correct drafting errors in references to specific subsections and paragraphs within the Resource Assessment Commission Act 1989 (the Act). Section 58 of the Act empowers the Governor-General to make these Regulations to ensure the Act operates as intended. The primary changes include correcting references from subsections 37(1) and (2) to subsections 38(1) and (2), from paragraph 37(3)(a) to paragraph 38(3)(a), and from subsection 47(2) to subsection 48(2). These amendments are technical in nature and are intended to ensure clarity and accuracy in the referencing of provisions within the Act. The Regulations impose obligations on parties and entities governed by the Act to ensure they are aware of and comply with the corrected references in the Act. This involves updating any internal documentation, procedures, or records that may be affected by the corrections to ensure they accurately reflect the correct sections and subsections. This obligation extends to the Resource Assessment Commission, as the primary body responsible for administering the Act, and to any individuals or organisations that interact with the Commission under the Act. Breaches of the corrected provisions in the Act, if they result in non-compliance with the amended references, may lead to civil or criminal consequences. Although the Regulations themselves do not introduce new offences, existing offences under the Act may be impacted if the incorrect references were relied upon in a manner that led to non-compliance. The Act does not specify maximum penalties for these offences; however, penalties would be determined based on the nature and severity of the breach, in accordance with the general penalty provisions of the Act or any other applicable legislation. The Resource Assessment Commission may take enforcement action against parties found to be in breach of the Act, including issuing fines or other penalties as appropriate.