2010-2011-2012

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

SENATE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ADDENDUM TO THE EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Minister for Regional Australia, Regional Development and Local Government, the Minister for the Arts, the Honourable Simon Crean MP)

 

 

 

 

This addendum responds to concerns raised by the Scrutiny of Bills Committee in the Eleventh Report of 2012 dated 19 September 2012.

 

 

Clause 54: Regulations

 

At end of paragraph 138, insert the following:

Any offences created in regulations enabled by s ubclause 54(2) will relate to c lause s 52 and 53 of th e Bill. S ubclause 54(2) is consistent with similar provisions included in the enabling legislation of other national collecting institutions such as the National Museum of Australia Act 1980 and the National Gallery Act 1975 . The inclusion of provisions in the legislation enabling the national cultural institutions to create offences by regulation is vital in ensuring that the national collecting institutions can appropriately and expeditiously adapt to protect the valuable cultural material in their care.

 

At end of paragraph 139, insert the following:

Regulations of the type contemplated by clause 54 will be subject to disallowance by the Parliament and the sunsetting provisions of the Legislative Instruments Act 2003 .