Entitlement certificates
35 Entitlement certificates
After receiving a report of an own motion recommendation from the Panel, the Attorney‑General must issue an entitlement certificate if the recommendation statement in relation to that own motion recommendation states that the Attorney-General intends to—
accept the own motion recommendation; or
vary or accept only part of the own motion recommendation.
An entitlement certificate in relation to an own motion recommendation creates an entitlement under this Act in accordance with the terms of that certificate.
Note
Section 3(2)(c) of the Subordinate Legislation Act 1994 provides that an instrument of appointment or an instrument which changes conditions or terms of appointment is an instrument of purely administrative character for the purposes of that Act.
After receiving a report of an advisory opinion from the Panel, if any recommendation in the advisory opinion is a recommendation which could have been the subject of an own motion recommendation, the Attorney-General may issue an entitlement certificate which creates an entitlement under this Act in accordance with the terms of that certificate.
An entitlement certificate—
must specify the date from which the entitlement takes effect, which may be—
the date that the certificate is issued by the Attorney-General; or
a date that is earlier or later than the date that the certificate is issued; and
may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method, formulated, issued, prescribed or published by any other person, whether—
wholly or partially or as amended by the certificate; or
as formulated, issued, prescribed or published at the time the certificate is issued or at any time before then; or
as formulated, issued, prescribed or published from time to time.
This Act’s bill:Explanatory memorandumSecond reading speech
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