the new instrument is legally effective, clear and intelligible to anticipated users (see paragraphs 343 to 351 of this Handbook); and consultation, regulatory impact and other process requirements are met (see of this Handbook); and the explanatory statement for the instrument meets current legislative and Parliamentary standards (see of this Handbook). Drafting of replacement instruments If an agency intends to use drafting services to draft a replacement for a OPC’s particular instrument, OPC would appreciate early instructions that: outline the preferred timing, including whether an exposure draft is required to assist consultation; and deal with any policy or other changes that are needed (such as deletion of unwanted provisions); and confirm that the rest of the instrument is to remain the same in will modernise it without detailed instructions, if and as needed, in consultation with the agency. Irrespective of who drafts it, a new instrument intended to replace a sunsetting instrument needs to contain the following to avoid confusion about what is intended and what is in force: a new, unique name (e.g. the where 2017 is the Widgets Determination 2017 year of making); an express provision that states when the new instrument is to commence; an express provision that clearly identifies and repeals the sunsetting instrument or instruments (use of the word is important); “repeal” transitional provisions, if and as needed to transition things from being done under the sunsetting instrument to the new instrument. Other changes may also be necessary to meet current drafting and publishing standards. The person drafting the instrument should check that each provision in the new instrument is supported by a head of power in current law, and should consider carefully any legal opinions that go to the effect or validity of existing provisions. Care is also needed if a sunsetting instrument: has enabled the making of another instrument that is still in force; or incorporates documents other than Commonwealth Acts or disallowable legislative instruments by reference; or is cited in other legislation that is in force; or
the new instrument is legally effective, clear and intelligible to anticipated users (see paragraphs 343 to 351 of this Handbook); and consultation, regulatory impact and other process requirements are met (see of this Handbook); and the explanatory statement for the instrument meets current legislative and Parliamentary standards (see of this Handbook). Drafting of replacement instruments If an agency intends to use OPC’s drafting services to draft a replacement for a particular instrument, OPC would appreciate early instructions that: outline the preferred timing, including whether an exposure draft is required to assist consultation; and deal with any policy or other changes that are needed (such as deletion of unwanted provisions); and confirm that the rest of the instrument is to remain the same in will modernise it without detailed instructions, if and as needed, in consultation with the agency. Irrespective of who drafts it, a new instrument intended to replace a sunsetting instrument needs to contain the following to avoid confusion about what is intended and what is in force: a new, unique name (e.g. the Widgets Determination 2017 where 2017 is the year of making); an express provision that states when the new instrument is to commence; an express provision that clearly identifies and repeals the sunsetting instrument or instruments (use of the word “repeal” is important); transitional provisions, if and as needed to transition things from being done under the sunsetting instrument to the new instrument. Other changes may also be necessary to meet current drafting and publishing standards. The person drafting the instrument should check that each provision in the new instrument is supported by a head of power in current law, and should consider carefully any legal opinions that go to the effect or validity of existing provisions. Care is also needed if a sunsetting instrument: has enabled the making of another instrument that is still in force; or incorporates documents other than Commonwealth Acts or disallowable legislative instruments by reference; or is cited in other legislation that is in force; or