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LEGISLATIVE INSTRUMENTS ACT 2003 - SECT 18

Circumstances where consultation may be unnecessary or inappropriate

             (1)  Despite section 17, the nature of an instrument may be such that consultation may be unnecessary or inappropriate.

             (2)  The following are examples of instruments having a nature such that the rule‑maker may be satisfied that consultation is unnecessary or inappropriate:

                     (a)  an instrument that is of a minor or machinery nature and that does not substantially alter existing arrangements; or

                     (b)  an instrument that is required as a matter of urgency; or

                     (c)  an instrument that gives effect, in terms announced in the Budget, to a decision:

                              (i)  to repeal, impose or adjust a tax, fee or charge; or

                             (ii)  to confer, revoke or alter an entitlement; or

                            (iii)  to impose, revoke or alter an obligation; or

                     (d)  an instrument that is required because of an issue of national security; or

                     (e)  an instrument in relation to which appropriate consultation has already been undertaken by someone other than the rule‑maker; or

                      (f)  an instrument that relates to employment; or

                     (g)  an instrument that relates to the management of, or to the service of members of, the Australian Defence Force.



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