EXPLANATORY STATEMENT
Issued by the Minister for the Arts
Public Lending Right Act 1985
Acts Interpretation Act 1901
Revocation of Redundant Modification Instruments under the Public Lending Right Scheme 1997
This explanatory statement relates to an instrument made pursuant to the Public Lending Right Act 1985 and subsection 33(3) of the Acts Interpretation Act 1901 entitled Revocation of Redundant Modification Instruments under the Public Lending Right Scheme 1997.
The purpose of the instrument to which this statement relates is to revoke the following instruments:
Public Lending Right Scheme 1997 (Modification No. 1 of 1998)
Public Lending Right Scheme 1997 (Modification No. 1 of 1999)
Public Lending Right Scheme 1997 (Modification No. 1 of 2001)
Public Lending Right Scheme 1997 (Modification No. 1 of 2002)
Public Lending Right Scheme 1997 (Modification No. 1 of 2003)
Public Lending Right Scheme 1997 (Modification No. 1 of 2004)
Public Lending Right Scheme 1997 (Modification No. 1 of 2005)
Public Lending Right Scheme 1997 (Modification No. 1 of 2006)
Public Lending Right Scheme 1997 (Modification No. 1 of 2007).
The instrument is a legislative instrument as defined under the Legislative Instruments Act 2005 and commences on the day after it is registered on the Federal Register of Legislative Instruments.
Legislative Authority
The Public Lending Right Act 1985 (the Act) provides the legislative framework for a Public Lending Right scheme to, amongst other things recognise the loss of income by Australian creators and publishers of books held in public lending libraries.
Section 5 of the Act states that the Minister may, by notice published in the Gazette:
(a) approve a scheme for and in relation to the making of payments to persons in respect of books; and
(b) modify the scheme so approved.
The Minister approved the Public Lending Right Scheme 1997 on 10 June 1997 (the Scheme) and notice was published in the Gazette of 12 June 1997. Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make, grant or issue any instrument (including rules, regulations or by-laws) the power shall, unless the contrary intention appears, be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Reason for Revocation
In February 2009 the Government announced in the Updated Economic and Fiscal Outlook that it would undertake a review of pre-2008 Commonwealth subordinate legislation and other regulation (the Review) in order to document those regulations which impose net costs on business and identify the scope to improve regulatory efficiency. The Department of Finance and Deregulation was tasked with the co-ordination of the Review on the Government’s behalf.
The Review reviewed legislative instruments administered within the Arts portfolio including all instruments relating to the Scheme.
The Scheme provides for the annual rates of payment to eligible Australian creators and publishers, which are adjusted each year by modifying the Scheme. The Scheme has been amended annually since 1997 to implement changes to the rate of payment for creators and publishers and for other purposes. The Review identified the following 9 amending instruments as redundant and recommended they be revoked.
- Public Lending Right Scheme 1997 (Modification No. 1 of 1998)
- Public Lending Right Scheme 1997 (Modification No. 1 of 1999)
- Public Lending Right Scheme 1997 (Modification No. 1 of 2001)
- Public Lending Right Scheme 1997 (Modification No. 1 of 2002)
- Public Lending Right Scheme 1997 (Modification No. 1 of 2003)
- Public Lending Right Scheme 1997 (Modification No. 1 of 2004)
- Public Lending Right Scheme 1997 (Modification No. 1 of 2005)
- Public Lending Right Scheme 1997 (Modification No. 1 of 2006)
- Public Lending Right Scheme 1997 (Modification No. 1 of 2007).
Consultation
Consultation was considered impractical because of the large number of creators and publishers involved, and unnecessary as the changes are minor and technical in nature and do not affect any creators or publishers.