Document ID: chunk:federal_register_of_legislation:C2008A00022:clause:1_531c
Version: federal_register_of_legislation:C2008A00022
Segment Type: clause
Provision Reference: sch 1 cl 531C
Character Range: 8420–10830

531C  Designated information

 (1) The Minister may, by written instrument, determine that:
 (a) specified information is designated information for the purposes of the application of this Act to a specified carrier; and
 (b) a specified manner is the approved manner in which a specified carrier is to give designated information to an authorised information officer under section 531F; and
 (c) a specified form is the approved form in which a specified carrier is to give designated information to an authorised information officer under section 531F; and
 (d) a specified number of business days is the approved period within which a specified carrier is to give designated information to an authorised information officer under section 531F.

Note: For specification by class, see subsection 46(3) of the Acts Interpretation Act 1901.

 (2) A number specified under paragraph (1)(d) must not be less than 10.

 (3) Subsection (1) has effect only to the extent that:
 (a) it is authorised by paragraph 51(v) of the Constitution (either alone or when read together with paragraph 51(xxxix) of the Constitution); or
 (b) both:
 (i) it is authorised by section 122 of the Constitution; and
 (ii) it would have been authorised by paragraph 51(v) of the Constitution (either alone or when read together with paragraph 51(xxxix) of the Constitution) if section 51 of the Constitution extended to the Territories.

Consultation

 (4) Before making an instrument under subsection (1) that relates to a carrier, the Minister must first:
 (a) cause the carrier to be given a written notice that:
 (i) sets out a draft version of the instrument; and
 (ii) invites the carrier to make submissions to the Minister on the draft within 3 business days after the notice was given; and
 (b) consider any submissions that were received within those 3 business days.

Publication of instrument

 (5) A copy of an instrument made under subsection (1) is to be published on the Internet.

Business day

 (6) For the purposes of this section, business day means a day that is not a Saturday, a Sunday or a public holiday in the Australian Capital Territory.

Disallowable non‑legislative instrument

 (7) An instrument made under subsection (1) is a disallowable instrument for the purposes of section 46B of the Acts Interpretation Act 1901.

 (8) An instrument made under subsection (1) is not a legislative instrument.