Document ID: chunk:federal_register_of_legislation:C2023C00324:clause:1_15j
Version: federal_register_of_legislation:C2023C00324
Segment Type: clause
Provision Reference: sch 1 cl 15J
Character Range: 44702–46783

15J  Explanatory statements

Definition of explanatory statement
 (1) An explanatory statement for a legislative instrument is one of the following statements prepared for laying before each House of Parliament:
 (a) a statement (an initial explanatory statement) for the instrument that complies with subsection (2);
 (b) a statement (a replacement explanatory statement) for the instrument that:
 (i) replaces an explanatory statement for the instrument that has already been registered; and
 (ii) complies with subsection (2);
 (c) a statement (a supplementary explanatory statement) for the instrument that:
 (i) amends an initial explanatory statement or a replacement explanatory statement; and
 (ii) complies with subsection (3).

Requirements for initial and replacement explanatory statements
 (2) An initial explanatory statement, or a replacement explanatory statement, for a legislative instrument must:
 (a) be approved by the rule‑maker; and
 (b) explain the purpose and operation of the instrument; and
 (c) if any documents are incorporated in the instrument by reference—contain a description of the incorporated documents and indicate how they may be obtained; and
 (d) if consultation was undertaken under section 17 before the instrument was made—contain a description of the nature of that consultation; and
 (e) if no such consultation was undertaken—explain why no such consultation was undertaken; and
 (f) if the instrument is a disallowable legislative instrument—contain a statement of compatibility prepared under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011; and
 (g) contain such other information as is prescribed by regulation.

Requirements for supplementary explanatory statements
 (3) A supplementary explanatory statement for a legislative instrument must:
 (a) be approved by the rule‑maker; and
 (b) contain such other information as is prescribed by regulation.

Single explanatory statements—one or more legislative instruments
 (4) A single explanatory statement may relate to one or more legislative instruments.