Document ID: chunk:federal_register_of_legislation:F2018C00409:clause:1_10:p2
Version: federal_register_of_legislation:F2018C00409
Segment Type: clause
Provision Reference: sch 1 cl 10 (pt 2/2)
Character Range: 25358–27769

administering entity
10.5  If an administering entity is consulted in accordance with this paragraph, it is to carefully consider the advice given to the requesting entity, to determine whether the advice indicates an ambiguity or other issue in the legislation that should be addressed by remedial action to be taken by the administering entity (such as proposing a legislative amendment to the responsible Minister).

Resolving disagreements about interpretation of legislation
10.6  Any disagreement as to the correct interpretation of legislation is to be resolved as far as possible by negotiation between the requesting entity and the administering entity. Issues should be referred to OLSC if further advice is sought from the Solicitor‑General to resolve the matter.

Sharing of advice generally
10.7  The Attorney‑General is entitled to obtain access to any legal advice obtained by the non‑corporate Commonwealth entity (subject to any legislative restriction).
Note: Legal professional privilege is not waived by providing advice to the Attorney‑General in accordance with these Directions: see section 55ZH of the Judiciary Act 1903.
10.8  If a non‑corporate Commonwealth entity receives legal advice that it considers is likely to be significant to other Commonwealth agencies, it is to take reasonable steps to make that advice available to those agencies, subject to paragraph 10.4.
Note 1: The purpose of paragraph 10 is to promote consultation between Commonwealth agencies on the interpretation of legislation with the aim of reaching, as far as possible, consistency in statutory interpretation across the Commonwealth. Non‑corporate Commonwealth entities are not to act in a manner that may be inconsistent with or undermine Commonwealth policy in respect of a particular piece of legislation. Concerns about interpretation are to be raised with the administering entity so that it has the opportunity to consider whether the policy requires change, and entities are to seek to minimise cost by first seeing if the administering entity has an answer to their question rather than commissioning fresh advice.
Note 2: To find out the non‑corporate Commonwealth entity that administers particular legislation, see the Administrative Arrangements Orders.
10.9  The Attorney‑General may exempt a Commonwealth agency from compliance with paragraph 10, or particular requirements in this paragraph.