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2016-2017-2018
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
AUSTRALIAN ASTRONOMICAL OBSERVATORY (TRANSITION) BILL 2018
EXPLANATORY MEMORANDUM
(Circulated by authority of the Assistant Minister for Science, Jobs and Innovation,
Senator the Honourable Zed Seselja)
AUSTRALIAN ASTRONOMICAL OBSERVATORY (TRANSITION) BILL 2018
OUTLINE
Purpose and effect of the Bill
The purpose of the Australian Astronomical Observatory (Transition) Bill is to give effect to
the government's 2017-18 Budget measure 'Maintaining Australia's Optical Astronomy
Capability'. The Bill is essential to ensure: retention of critical Australian Astronomical
Observatory (AAO) scientific capabilities and key expertise in Australia's research sector;
delivery of AAO commitments to the national and global astronomy communities; and
support for the Australia-European Southern Observatory (ESO) Strategic Partnership,
including securing essential operational savings to offset its administered costs.
The principal effects of the amendments are: to abolish the AAO in the Department of
Industry, Innovation and Science (the Department) on 1 July 2018, along with all AAO
governance structures; and to facilitate a smooth transition of its critical scientific roles,
including the transfer of necessary assets, liabilities, commitments and other matters, to
external entities by Ministerial designation. The Bill amends and renames the Australian
Astronomical Observatory Act 2010 (the Act) and retains the astronomical functions of the
Secretary in section 11 of the Act, to provide an ongoing legislative basis for departmental
activities that would facilitate the AAO transition, support the ESO Strategic Partnership, and
enable Australian optical astronomy more widely. The Bill also repeals the Australian
Astronomical Observatory (Transitional Provisions) Act 2010 which is no longer required.
The government entered into a 10-year Strategic Partnership with the ESO on 11 July 2017.
This gives Australian astronomers merit-based access to the world-class optical-infrared
telescopes at the La Silla Paranal Observatory in Chile, and provides additional scientific and
industry benefits for Australia.
The Strategic Partnership addresses the most pressing unmet infrastructure needs of the
Australian astronomy community, identified in the Decadal Plan for Australian Astronomy
2016-2025 published by the National Committee for Astronomy of the Australian Academy
of Science and in the government's 2016 National Research Infrastructure Roadmap.
To ensure strong domestic scientific support for the ESO Strategic Partnership, while
realising essential operational savings to offset its costs, the AAO's critical scientific roles
and expertise are to be transferred to the research sector as follows.
First, the operations of the 3.9-metre Anglo-Australian Telescope (AAT) sited on land owned
by the Australian National University (ANU) at Siding Spring Observatory near
Coonabarabran in New South Wales would be transferred to the ANU, acting on behalf of a
consortium of universities managed by Australia Astronomy Limited: a not-for-profit
company that manages a range of research infrastructure programs for astronomy. The
consortium would continue to operate this historic, scientifically productive infrastructure
until at least the expected end of its operational life in 2024-25. This would extend telescope
operations by five years compared to the previous AAO operational appropriation, scheduled
to terminate on 30 June 2020. The extended telescope operations would enable the ongoing
provision of optical-infrared observing capability to the Australian astronomy sector, deliver
committed support to Australian Research Council Centres of Excellence, and contribute to
the testing of new Australian-designed astronomical instruments and postgraduate training in
astronomy.
Second, the renowned astronomical instrumentation capability of the AAO at North Ryde in
Sydney would be transferred to a research sector consortium comprised of Macquarie
University, the ANU, and the University of Sydney. The new consortium would establish a
national optical instrumentation capability that would continue and further develop the
excellent AAO instrumentation activities to maximise the scientific dividend from the
Australia-ESO Strategic Partnership. The new capability would link to other Australian hubs
of instrumentation and optical research, deliver on existing AAO commitments to external
clients, foster new research-industry collaboration and commercialise technological
innovations arising in astronomy for new applications.
Consultation
In drafting and reviewing the Bill, elements of the 2017-18 Budget measure, and obtaining
their essential policy and regulatory inputs, the following entities have been consulted:
Attorney-General's Department; Office of Best Practice Regulation; Department of the Prime
Minister and Cabinet; National Archives of Australia; Department of Foreign Affairs and
Trade; Department of Home Affairs; Australian Public Service Commission; Department of
Finance; current staff and executives of the AAO; expert stakeholders in Australian national
astronomy organisations; the Australian astronomy community; and the European Southern
Observatory.
FINANCIAL IMPACT STATEMENT
The Bill terminates the AAO two years earlier than the termination date of its previous
appropriation. The resulting operational savings total $25.2 million during 2018-19 and 2019-
20. This includes total regulatory savings of $0.1 million across the same years from the
abolition of the AAO governance body, the AAO Advisory Committee.
The operational savings will partly offset administered expenditure for the Australia-ESO
Strategic Partnership and departmental expenditure to facilitate a smooth transition of AAO
scientific activities to the university sector, provided for the optical astronomy measure in the
relevant budget appropriation bills.
The net new government funding for the optical astronomy measure totals $26.1 million over
four years, as summarised in the following table:
Year 2017-18 2018-19 2019-20 2020-21 Total
Expenditure item ($m) ($m) ($m) ($m) ($m)
Australian Astronomical Observatory (AAO) operations
Previous appropriation - Departmental 10.8 11.1 11.1 0.0 33.0
Previous appropriation - Administered 1.5 1.5 1.5 0.0 4.5
Savings - AAO abolition on 1 July 2018 0.0 -12.6 -12.6 0.0 -25.2
2017-18 Budget measure: Maintaining Australia's Optical Astronomy Capability
ESO Strategic Partnership - Administered 5.6 11.3 11.9 12.5 41.3
Transitional costs - Departmental 8.2 1.3 0.5 0.0 10.0
Total resourcing for the new measure 13. 8 12.6 12.4 12.5 51.3
Net expenditure after AAO savings offset 13.8 0.1 -0.2 12.5 26.1
REGULATION IMPACT STATEMENT
The primary regulatory impact associated with this Bill is minor in nature - the abolition of
the AAO and its governance body, the AAO Advisory Committee, which reports to the
Secretary of the Department and to the Director of the AAO on the performance of the optical
astronomy functions defined in Section 11 of the Australian Astronomical Observatory Act
2010. The Regulation Impact Statement (OBPR reference 21996) is attached.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
AUSTRALIAN ASTRONOMICAL OBSERVATORY (TRANSITION) BILL 2018
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the Bill
The purpose of this Bill is to amend the Australian Astronomical Observatory Act 2010 and
repeal the Australian Astronomical Observatory (Transitional Provisions) Act 2010, and to
include transitional provisions to:
transfer certain Commonwealth assets, liabilities, funds and other matters to third
party designated entities; and
permit certain matters to be exempt from stamp duty and other taxes; and
provide the Minister with powers of delegation.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.
The Assistant Minister for Science, Jobs and Innovation
Senator the Honourable Zed Seselja
Regulation Impact Statement (Short Form)
Name of Department/Agency: Department of Industry, Innovation and Science
OBPR Reference number: 21996
Name of proposal: Maintaining Australia's Optical Astronomy Capability
Summary of the proposed policy and any options considered:
Under the 2017-18 Budget Measure 'Maintaining Australia's Optical Astronomy Capability',
The Australian Government has entered into a 10-year strategic partnership with the European
Southern Observatory (ESO) effective 11 July 2017. ESO is the world's foremost optical
astronomy organisation offering member states access to infrastructure, research and industry
opportunities, and unparalleled international collaboration. The Strategic Partnership provides
Australian astronomers competitive access to the world's best 8-metre class optical telescopes
and other front-line optical-infrared telescopes at the ESO La Silla-Paranal Observatory in Chile.
The Budget measure addresses the issue of departmental funding of Australian Astronomical
Observatory (AAO) operations, scheduled to terminate on 30 June 2020. The measure will
terminate the AAO as a division of the Department along with its governance body, the AAO
Advisory Committee, effective 1 July 2018. Resulting operational savings will offset costs of the
ESO Strategic Partnership in 2018-19 and 2019-20. Responsibility for Anglo-Australian
Telescope (AAT) operations would transfer to the Australian National University (ANU) acting
on behalf of a consortium of universities managed by Australia Astronomy Limited, a not-for-
profit company that manages a range of research infrastructure programs for astronomy.
A second research sector consortium, comprised of Macquarie University, the ANU and the
University of Sydney, would retain and further develop the AAO's world-class astronomical
instrumentation capability.
What are the regulatory impacts associated with this proposal? Explain.
The proposal amends governance arrangements for Australian astronomy. It abolishes the AAO
Advisory Committee. The resulting regulatory savings are minor and are already included in the
budgeted operational savings in 2018-19 and 2019-20 from the early abolition of the AAO. The
Budget measure transfers responsibility for managing AAO scientific functions to university-led
consortia. This eliminates direct government administration of AAT time allocation.
Under the ESO Strategic Partnership, ESO administers access to its own telescope facilities.
Australian Government and astronomer representatives are eligible and invited to participate at
regular meetings of the ESO governance bodies: ESO Council, ESO Finance Committee, ESO
Scientific Technical Committee (STC) and ESO Users Committee (UC).
What are the regulatory costs/savings associated with this proposal? Explain and quantify.
Regulatory savings from abolishing the AAO Advisory Committee are estimated at $70,000 per
annum, in 2018-19 and 2019-20 only (Total savings $140,000).
There are no quantifiable regulatory savings from transferring responsibility for AAT time
allocation from AAO to the research sector, as the Australian Time Allocation Committee
operates on a 'volunteer' basis, and the application process for researchers continues as before.
Costs to support government and astronomer representatives to attend ESO governance meetings
are treated as an operational expense, as this is not Australian government-imposed regulation.
Although not mandatory at the time of the policy decision, have you considered the offsets
for the regulatory costs associated with this proposal? Has the portfolio Deputy Secretary
or delegate warranted that the net regulatory target will be met by the end of the relevant
reporting period?
Not applicable - only (minor) regulatory savings are created by the measure.
AUSTRALIAN ASTRONOMICAL OBSERVATORY (TRANSITION) BILL 2018
NOTES ON CLAUSES
Clause 1: Short title
Clause 1 provides that the Bill, when enacted, may be cited as the Australian Astronomical
Observatory (Transition) Act 2018.
Clause 2: Commencement
Clause 2 provides that all provisions of the Bill will commence on 1 July 2018.
Clause 3: Schedules
Clause 3 gives effect to the provisions in each of the Schedules to this Bill.
Schedule 1 - Amendments
Part 1 - Amendments
Australian Astronomical Observatory Act 2010
Item 1: Title
Item 1 replaces the words "to establish the Australian Astronomical Observatory" with "to
provide for astronomical functions". From commencement of this amendment, the new long
title of the amended Australian Astronomical Observatory Act 2010 (the Act) would read:
"An Act to provide for astronomical functions, and for other purposes". This change in the
long title recognises that the repealing amendments in Part 1 of Schedule 1 have the effect of
removing all references to the Australian Astronomical Observatory (AAO) from the Act,
changing its primary purpose from the establishment of the Australian Astronomical
Observatory to the provision of astronomical functions of the Secretary of the Department of
Industry, Innovation and Science (the Department).
Item 2: Section 1
Item 2 amends the short title of the Act to "Astronomical Functions Act 2010". The change
in the short title is consistent with the long title and primary purpose of the amended Act.
Item 2 also recognises that on commencement of this item, section 10 of the Acts
Interpretation Act 1901 allows that any other amendment referring to the Act as the
"Australian Astronomical Observatory Act 2010" has effect as an amendment to the Act
under its new short title.
Item 3: Section 3
Item 3 repeals section 3 of the Act and substitutes a new simplified outline. The new outline
recognises the primary purposes of the Act as amended: it provides that the Secretary of the
Department has various functions relating to optical astronomy as specified in section 11 of
the Act; the Commonwealth may charge fees in association with performing these
astronomical functions, and the Secretary may delegate certain astronomical functions or
powers under the Act to APS employees.
Retaining the Secretary's optical astronomy functions under section 11 of the Act is a key
policy objective of this Bill. The amended Act would provide ongoing legislative authority
for expenditure on optical astronomy-related activities after 1 July 2018, to address a variety
of government policy objectives relating to the support of Australian optical astronomy.
Item 4: Section 4
Item 4 repeals the definitions of Advisory Committee, Advisory Committee member,
constitutional corporation and Director, from the Act. Repealing these unnecessary
definitions is consistent with the following item 5, which abolishes the AAO and its related
governance structures by removing all reference to these entities from the Act.
Item 5: Parts 2 and 4
Item 5 repeals Parts 2 and 4 of the Act. The repeal of Part 2 of the Act abolishes the AAO as
an entity within the Department, along with the positions of Director and Acting Director.
The repeal of Part 4 of the Act abolishes the AAO Advisory Committee and the associated
provisions governing its function and operations.
Item 6: Subsections 23(1) and (2)
Item 6 repeals subsections 23(1) and (2) and inserts a new subsection 23(1) which provides
the Secretary with the power to delegate all or any of the Secretary's functions or powers
under the Act to an APS employee in the Department who has expertise appropriate to the
function or power delegated. The amendment removes the Secretary's power to delegate to
the Director, as this position will no longer exist upon abolition of the AAO.
This amendment does not provide the Secretary with new powers of delegation beyond those
previously provided in section 23. The power to delegate to an APS employee enables the
Secretary to appoint officials with specific expertise to particular roles relating to optical
astronomy in which the delegate may need to exercise particular optical astronomy functions.
The appointment does not need to be an SES official - the required technical or astronomical
expertise may reside at a lower Executive or APS level in the Department.
Part 2 - Repeals
Australian Astronomical Observatory (Transitional Provisions) Act 2010
Item 7: The whole of the Act
Item 7 of the Bill repeals the Australian Astronomical Observatory (Transitional Provisions)
Act 2010 (Transitional Act) in its entirety. The Transitional Act provided for the integration
of the former Anglo-Australian Observatory and its staff, assets, liabilities, contracts and
commitments into the Commonwealth on 1 July 2010. As this Bill abolishes the AAO, the
Transitional Act is no longer required.
Schedule 2 - Transitional provisions
Part 1 - Preliminary
Item 1: Definitions
Subitem 1(1) contains a number of definitions required for the purposes of Schedule 2.
Subitem 1(2) enables the Minister to determine, by writing, that a person is a designated
entity for the purposes of the Schedule. Specified Commonwealth assets, liabilities, funds and
other matters may only be transferred to a designated entity. There may be more than one
designated entity.
Subitem 1(3) specifies that a determination under subitem (2) is not a legislative instrument.
This clarifies that the determination is not legislative in character and therefore does not fall
within the meaning of 'legislative instrument' under section 8 of the Legislation Act 2003.
Item 2: Extra-territorial operation
Item 2 provides that all items of Schedule 2 apply within and outside of Australia. This would
ensure that matters such as the transfer to designated entities of current AAO liabilities or
commitments to offshore entities, or AAO instruments involving offshore entities would be
covered by the relevant transfer items in this Schedule.
Part 2 - Assets and liabilities
Item 3: Transfer of assets and liabilities from Commonwealth to designated entities
Application
Subitem 3(1) specifies that item 3 is restricted to those Commonwealth assets and liabilities
that relate to the AAO immediately before the transition time of July 1, 2018.
Ministerial declarations
Subitem 3(2) provides for the Minister to declare that certain assets or liabilities become the
assets or liabilities of a designated entity at or after the transition time, without the need for
any conveyance, transfer or assignment. The designated entity would become the
Commonwealth's successor in law in relation to those assets or liabilities.
Subitem 3(3) gives effect to the Minister's declaration under subitem 3(2).
Subitem 3(4) provides that such a declaration would not be a legislative instrument, as with
Item 1 of Schedule 2.
Assets subject to trust
Subitem 3(5) provides that for assets held by the Commonwealth on trust and transferred by
ministerial designation to a designated entity under subitem 3(2), the designated entity must
hold the asset on trust, on the same terms of the trust that applied to the Commonwealth.
This would ensure that trust assets such as bequests or philanthropic gifts provided to the
AAO for particular purposes, or on particular terms, continue to be subject to the same
purposes or terms of trust when transferred to a designated entity.
Item 4: Certificates relating to vesting of assets
Item 4 relates to the treatment of a Ministerial certificate that specifies the vesting of an asset
in a designated entity under Part 2 of Schedule 2. Its effect is that a person with responsibility
to keep a register of assets can deal with and give effect to such a certificate, once lodged, as
if it was a transaction instrument, and update the register of assets as necessary.
The procedure is as follows:
The Minister signs a certificate identifying the asset and the designated entity in
which that asset has become vested under Part 2, stating that the asset is so vested.
The certificate is lodged with an assets official (the person or authority who, under a
law of the Commonwealth, a State or a Territory, a trust instrument or otherwise, has
responsibility for keeping a register in relation to assets of the kind concerned).
The assets official may deal with and give effect to the certificate as if it were a proper
and appropriate instrument for transactions in relation to assets of that kind and make
such entries in a register as are necessary having regard to the effect of Part 2 of
Schedule 2 to this Bill.
Subitem 4(3) provides that a ministerially signed certificate created and lodged in accordance
with subitem 4(1)(b) is not a legislative instrument, as with item 1 of Schedule 2.
Part 3 - Transfer of other matters
Item 5: References in certain instruments
Item 5 deals with certain instruments relating to the AAO that are in existence prior to the
transition time, and provides for such instruments to be declared by the Minister to be
instruments relating to a ministerially-designated entity in place of the AAO. Such
instruments may include relevant contracts, deeds, agreements, written undertakings or other
instruments specified in subitem 5(4), which contain a reference to the AAO, the AAO
Director or the Commonwealth. The designated entity would, upon Ministerial declaration,
assume the referenced role of the AAO, AAO Director, or the Commonwealth, respectively,
in the instrument so declared.
Subitem 5(1) provides that in order for item 5 to apply to an instrument, the instrument must
be in force immediately prior to 1 July 2018; must make reference to the Commonwealth, the
Director, or the AAO; must relate to AAO assets or liabilities that vest in a designated entity
under Part 2, or be otherwise related to the activities of the AAO; and must be declared in
writing by the Minister as being an instrument to which item 5 applies.
Subitem 5(2) confirms that, for an instrument specified in a declaration under subitem 5(1),
references made to the Commonwealth, the Director, or the AAO are taken to be references
to the designated entity specified by the Minister in the declaration.
Subitem 5(3) provides that a declaration under subitem 5(1) is not a legislative instrument, as
with item 1 of Schedule 2.
Subitem 5(4) defines instrument for the purposes of item 5 to include a contract, undertaking,
deed, agreement, memorandum, notice, authority, order, instruction, and an instrument made
under an Act or under a legislative instrument. Paragraph 5(4)(b) specifically excludes Acts,
instruments made under this Bill, and instruments specified in transitional rules made under
item 12 of this Bill, from the definition of instrument for the purposes of item 5.
Item 6: Legal proceedings
Subitem 6(1) provides that the Minister may declare that item 6 applies to certain court or
tribunal proceedings pending immediately prior to the transition time (that is, 1 July 2018), to
which the Commonwealth is a party and which relate to an AAO asset or liability being
transferred to a designated entity under Part 2, or otherwise to AAO activities.
Subitem 6(2) provides that the designated entity declared by the Minister for the purposes of
item 6 is substituted for the Commonwealth as a party to the proceedings, at a time specified
by the Minister in the declaration, at or after the transition time.
Subitem 6(3) provides that the Minister's declaration made under paragraph 6(1)(c) is not a
legislative instrument, as with item 1 of Schedule 2.
Part 4 - Miscellaneous
Item 7: Nothing in this Schedule to affect staff
Item 7, for avoidance of doubt, clarifies that the employment, engagement or appointment of
a person as an AAO officer before the transition time will not result in any corresponding
employment, engagement or appointment of that person in a designated entity at or after the
transition time.
The Department would administer changes in employment arrangements of AAO staff
through other existing legislative and regulatory frameworks.
Subitem 7(2) defines officer of the AAO for the purposes of item 7 to mean the Director or an
APS employee engaged in operations associated with the AAO.
Item 8: Exemption from stamp duty and other State or Territory taxes
Item 8 is required to ensure that State and Territory taxes such as stamp duty do not apply to
the operations of Schedule 2 to the Bill.
Subitem 8(1) provides that no stamp duty or other tax is payable under a law of a State or
Territory in respect of an exempt matter or anything connected with an exempt matter.
Exempt matter is defined under subitem 8(2) as the vesting of an asset or liability under
Schedule 2 or any other operation of Schedule 2.
Under subitem 8(3) the Minister may certify in writing that a specified matter is an exempt
matter or that a specified thing is connected with an exempt matter. If the Minister does so,
subitem 8(4) provides that such a certificate is prima facie evidence in all courts and for all
purposes (other than in criminal proceedings) of matters stated in the certificate.
Subitem 8(5) specifies that a certificate under subitem 8(3) is not a legislative instrument, as
with item 1 of Schedule 2.
Item 9: Certificates taken to be authentic
Item 9 allows persons to assume that a document purporting to be a certificate made under
Schedule 2 is a validly issued certificate, unless there is sufficient evidence to the contrary.
Item 10: Delegation by Minister
Item 10 enables the Minister to delegate any of his or her powers and functions under
Schedule 2 to the Secretary of the Department, or an SES or acting SES employee in the
Department.
Subitem 10(2) specifies that the delegate must comply with any directions of the Minister
when exercising powers or functions under a delegation.
Subitem 10(3) provides that the delegations allowed by subitem 10(1) do not apply in relation
to the Minister's powers provided in item 12 to make transitional rules.
Item 11: Compensation for acquisition of property
The effect of subitem 11(1) is to specify that the Commonwealth is liable to pay a reasonable
amount of compensation if the operation of Schedule 2 results in the Commonwealth
acquiring property from a person other than on just terms (within the meaning of paragraph
51(xxxi) of the Constitution).
Subitem 11(2) provides that, where the Commonwealth and the person cannot agree on the
amount of compensation payable, the person can institute proceedings in the Federal Court of
Australia or the Supreme Court of a State or Territory to recover such a reasonable amount of
compensation as determined by the court.
Item 12: Transitional rules
Subitem 12(1) provides that the Minister may, by legislative instrument, make rules
prescribing matters of a transitional nature, in relation to repeals made by this Bill.
Subitem 12(2) provides that where such rules are made within a 12 month period starting at
the transition time, 1 July 2018, the rules may modify the effect of Schedule 2.
Subitem 12(3) sets out certain things which the rules may not do.
Subitem 12(4) provides that, other than the limitations specified in subitem 12(3), Schedule 2
does not limit the transitional rules that may be made for the purposes of subitem 12(1).
Taken together, item 12 will allow the Minister to make rules prescribing matters of a
transitional nature relating to the repeals made by the Bill. This will allow for more detailed
and specific aspects of the Bill relating to the transitional arrangements to be included in
rules.
While this provision represents a Henry VIII clause (as the rules may modify the operation of
Schedule 2 of this Bill), there is a sound justification for this approach. Modifications to the
operation of Schedule 2 may be necessary to deal with unforeseen circumstances arising from
the transfer of the AAO. There is a need for broad rule-making powers, and for the operation
of Schedule 2 of the Bill to be able to be modified by rules, in order to facilitate a smooth
transition of the AAO's critical scientific roles, including the transfer of necessary assets,
liabilities, commitments and other matters, to external entities. Rules may also be necessary
to minimise disruption to ongoing scientific activities, and to address any operational issues
that arise during the transition.
The power to make rules, and the extent to which the rules may modify the effect of
Schedule 2, are subject to appropriate limitations and safeguards. In this regard, the rules may
only prescribe matters of a transitional nature, including savings or application provisions
relating to the repeals made by the Bill.
The rules are expressly limited by subitem 12(3), which stipulates that the rules: may not
create an offence or civil penalty provision; provide powers of arrest or detention; provide
powers relating to entry, search or seizure; impose a tax; set an amount to be appropriated
from the Consolidated Revenue Fund under an appropriation in this Bill; or directly amend
the text of this Bill. The rules are time limited: they may only be made within a 12 month
period from the commencement of the Bill.
Finally, such rules would be made by legislative instrument and would therefore be subject to
Parliamentary consideration and disallowance in accordance with section 42 of the
Legislation Act 2003. Subsection 12(2) of that Act would prevent the rules from applying
retrospectively to the extent they would disadvantageously affect a person's rights, or
retrospectively impose liabilities on a person.