EXPLANATORY STATEMENT
Seat of Government (Administration) Repeal Regulations 2019
Issued by the authority of the Assistance Minister for Regional Development and Territories,
Seat of Government (Administration) Act 1910
Authority
The Seat of Government (Administration) Act 1910 (the Act) provides for the Provisional Government of the Territory for the Seat of Government of the Commonwealth.
In addition to the power to make the Seat of Government (Administration) Regulations (the Regulations) under section 12(D) of the Act, subsection 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 (including rules, regulations or by-laws), the power shall 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.
Purpose and Operation
The Seat of Government (Administration) Repeal Regulations 2019 repeals the Regulations.
The Regulations prescribed the Australian Capital Territory Electricity and Water Authority for the purposes of section 12BA of the Act. This empowered the Australian Government to enter into arrangements relating to the supply of electricity for use in the ACT under the Snowy Mountains Hydro-electric Power Act 1949.
As section 12BA of the Act was repealed in 1997, the Regulations no longer have an impact.
Consultation
The following stakeholders were consulted and agreed that the Regulations should be repealed: ACT Government; National Capital Authority; Attorney-General’s Department; Department of Agriculture and Water Resources; Department of Social Services; Department of Industry; Innovation and Science; Department of Communications and the Arts; Department of Education and Training; Department of Health; The Treasury; Department of Finance; Department of Veterans’ Affairs; Department of Foreign Affairs and Trade; and Australian Federal Police.
The Seat of Government (Administration) Repeal Regulations 2019 is a legislative instrument for the purposes of the Legislation Act 2003.
It commences the day after it is registered.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Seat of Government (Administration) Repeal Regulations 2019
This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
This Disallowable Legislative Instrument repeals the Seat of Government (Administration) Regulations that no longer has any legal effect or regulatory purpose.
Human rights implications
This Disallowable Legislative Instrument does not engage any of the applicable rights and freedoms.
Conclusion
This Disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Overview
The Seat of Government (Administration) Repeal Regulations 2019 was enacted to address the redundancy of the Seat of Government (Administration) Regulations which were established under the Seat of Government (Administration) Act 1910. The primary purpose of these regulations was to facilitate the Australian Government’s arrangements concerning the supply of electricity in the Australian Capital Territory under the Snowy Mountains Hydro-electric Power Act 1949. However, with the repeal of section 12BA of the Seat of Government (Administration) Act in 1997, the Regulations became obsolete and no longer served any legal effect or regulatory purpose. This legislative instrument was issued by the Assistance Minister for Regional Development and Territories and is intended to align with the policy objective of maintaining a streamlined and relevant regulatory framework. Extensive consultation with various stakeholders, including government departments and agencies, confirmed the consensus that the Regulations should be repealed. The regulations will come into effect the day after they are registered and are deemed compatible with human rights as they do not engage with any applicable rights and freedoms.
Scope and Application
The Seat of Government (Administration) Repeal Regulations 2019 applies to the repeal of the Seat of Government (Administration) Regulations, which were originally established under the Seat of Government (Administration) Act 1910. These Regulations specifically empowered the Australian Government to enter into arrangements relating to the supply of electricity in the Australian Capital Territory under the Snowy Mountains Hydro-electric Power Act 1949. As section 12BA of the Act was repealed in 1997, the Regulations became obsolete, and the 2019 Regulations serve to formally repeal them. This legislative instrument affects the entities involved in the electricity supply arrangements within the ACT, including the Australian Capital Territory Electricity and Water Authority, as well as any other relevant stakeholders impacted by the repealed Regulations. The repeal is geographically confined to the Australian Capital Territory, reflecting the Act's jurisdictional scope. The Regulations are a legislative instrument under the Legislation Act 2003 and commence the day after they are registered. The repeal was agreed upon by multiple stakeholders, ensuring that the Regulations' outdated provisions are no longer in effect.
Key Provisions
The main operative sections of the Seat of Government (Administration) Repeal Regulations 2019 (F2019L00315) concern the repeal of the Seat of Government (Administration) Regulations (paragraphs 1 and 2). These Regulations, which were initially established under section 12BA of the Seat of Government (Administration) Act 1910, previously empowered the Australian Government to enter into arrangements relating to the supply of electricity for use in the Australian Capital Territory (ACT) under the Snowy Mountains Hydro-electric Power Act 1949. However, since section 12BA of the Act was repealed in 1997, these Regulations have become obsolete and have no further legal effect or regulatory purpose (paragraph 3).
The Seat of Government (Administration) Repeal Regulations 2019 impose an obligation on relevant parties and entities to acknowledge that the former Regulations have been repealed and are no longer in effect (paragraph 4). This repeal removes any authority or powers previously granted by the Regulations, ensuring that any arrangements concerning the supply of electricity in the ACT are now governed by other applicable legislation and regulations.
In terms of consequences for non-compliance, the explanatory statement indicates that there are no specific offences or penalties outlined for breaching these repealed Regulations (paragraph 5). Given that the Regulations have been repealed and no longer hold any legal effect, there are no civil or criminal consequences for failing to adhere to them. The repeal effectively removes any obligations that were previously imposed by the Regulations, and compliance with current applicable laws and regulations is now required.