LEGISLATION ACT 2001
Table of Provisions
CHAPTER 1--PRELIMINARY
PART 1.1--GENERAL
- 1 Name of Act
- 2 Dictionary
- 2A Notes
- 3 Objects
- 4 Application of Act
- 5 Determinative and non-determinative provisions
- 6 Legislation Act provisions must be applied
PART 1.2--BASIC CONCEPTS
- 7 Meaning of Act generally
- 8 Meaning of subordinate law
- 9 Meaning of disallowable instrument
- 10 Meaning of notifiable instrument
- 11 Meaning of commencement notice
- 12 Meaning of legislative instrument
- 13 Meaning of statutory instrument
- 14 Meaning of instrument
- 15 Meaning of authorised republication
- 16 Meaning of provision
PART 1.3--SOURCES OF LAW IN THE ACT
- 17 References to Acts include references to former Cwlth enactments etc
CHAPTER 2--ACT LEGISLATION REGISTER AND WEBSITE
- 18 ACT legislation register
- 19 Contents of register
- 20 Prompt registration
- 21 Approved website
- 22 Access to registered material at approved website
CHAPTER 3--AUTHORISED VERSIONS AND EVIDENCE OF LAWS AND LEGISLATIVE MATERIAL
- 22A Definitions—ch 3
- 23 Authorisation of versions by parliamentary counsel
- 24 Authorised electronic versions
- 25 Authorised written versions
- 26 Judicial notice of certain matters
CHAPTER 4--NUMBERING AND NOTIFICATION OF ACTS
- 27 Numbering of Acts
- 28 Notification of Acts
- 29 References to enactment or passing of Acts
- 30 References to notification of Acts
CHAPTER 5--REGULATORY IMPACT STATEMENTS FOR SUBORDINATE LAWS AND DISALLOWABLE INSTRUMENTS
PART 5.1--PRELIMINARY
- 31 Definitions—ch 5
- 32 Other publication or consultation requirements not affected
- 33 Guidelines about costs of proposed subordinate laws and disallowable instruments
PART 5.2--REQUIREMENTS FOR REGULATORY IMPACT STATEMENTS
- 34 Preparation of regulatory impact statements
- 35 Content of regulatory impact statements
- 36 When is preparation of regulatory impact statement unnecessary?
- 37 When must regulatory impact statement be presented?
PART 5.3--FAILURE TO COMPLY WITH REQUIREMENTS FOR REGULATORY IMPACT STATEMENTS
- 38 Effect of failure to comply with pt 5.2
CHAPTER 6--MAKING, NOTIFICATION AND NUMBERING OF STATUTORY INSTRUMENTS
PART 6.1--GENERAL
- 39 Meaning of matter—ch 6
- 40 Presumption of validity
- 41 Making of certain statutory instruments by Executive
PART 6.2--MAKING OF STATUTORY INSTRUMENTS GENERALLY
- 42 Power to make statutory instruments
- 43 Statutory instruments to be interpreted not to exceed powers under authorising law
- 44 Power to make statutory instruments for Act etc
- 45 Power to make court rules
- 46 Power to make instrument includes power to amend or repeal
- 47 Statutory instrument may make provision by applying law or instrument
- 48 Power to make instrument includes power to make different provision for different
- 49 Single instrument may exercise several powers or satisfy several requirements
- 50 Relationship between authorising law and instrument dealing with same
- 51 Instrument may make provision in relation to land by reference to map etc
- 52 Instrument may authorise determination of matter etc
- 53 Instrument may prohibit
- 54 Instrument may require making of statutory declaration
PART 6.3--MAKING OF CERTAIN STATUTORY INSTRUMENTS ABOUT FEES
- 55 Definitions—pt 6.3
- 56 Determination of fees by disallowable instrument
- 57 Fees payable in accordance with determination etc
- 58 Regulations may make provision about fees
PART 6.4--NUMBERING AND NOTIFICATION OF LEGISLATIVE INSTRUMENTS
- 59 Numbering
- 60 Correction etc of name of instrument
- 60A Correction of name of explanatory statement etc
- 61 Notification of legislative instruments
- 62 Effect of failure to notify legislative instrument
- 63 References to notification of legislative instruments
CHAPTER 7--PRESENTATION, AMENDMENT AND DISALLOWANCE OF SUBORDINATE LAWS AND DISALLOWABLE INSTRUMENTS
- 64 Presentation of subordinate laws and disallowable instruments
- 65 Disallowance by resolution of Assembly
- 65A Notification of disallowance by resolution of Assembly
- 66 Revival of affected laws
- 67 Making of instrument same in substance within 6 months after disallowance
- 68 Amendment by resolution of Assembly
- 69 Notification of amendments made by resolution of Assembly
- 70 Making of amendment restoring effect of law within 6 months after amendment
- 71 Effect of dissolution or expiry of Assembly on notice of motion
CHAPTER 8--COMMENCEMENT AND EXERCISE OF POWERS BEFORE COMMENCEMENT
- 72 Meaning of law—ch 8
- 73 General rules about commencement
- 74 Time of commencement
- 75 Commencement of naming and commencement provisions
- 75AA Commencement of provisions identifying amended laws
- 75A Meaning of commences retrospectively
- 75B Retrospective commencement requires clear indication
- 76 Non–prejudicial provision may commence retrospectively
- 77 Commencement by commencement notice
- 78 Separate commencement of amendments
- 79 Automatic commencement of postponed law
- 79A Commencement of amendment of uncommenced law
- 80 References to commencement of law
- 81 Exercise of powers between notification and commencement
CHAPTER 9--REPEAL AND AMENDMENT OF LAWS
PART 9.1--GENERAL
- 82 Definitions—ch 9
- 83 Consequences of amendment of statutory instrument by Act
- 84 Saving of operation of repealed and amended laws
- 84A Creation of offences and changes in penalties
PART 9.2--REPEAL
- 85 When repeal takes effect
- 86 Repealed and amended laws not revived on repeal of repealing and amending
- 87 Commencement not undone if repealed
- 88 Repeal does not end effect of transitional laws etc
- 89 Automatic repeal of certain laws and provisions
PART 9.3--AMENDMENT
- 90 Law and amending laws to be read as one
- 91 Insertion of provisions by amending law
- 92 Amendment to be made wherever possible
- 93 Provisions included in another provision for amendment purposes
- 94 Continuance of appointments etc made under amended provisions
- 95 Status of modifications
- 96 Relocated provisions
CHAPTER 10--REFERRING TO LAWS
- 97 Definitions—ch 10
- 98 References to ACT law include law containing reference
- 99 References in ACT statutory instruments to the Act
- 100 Referring to particular ACT laws
- 101 Referring to particular laws of other jurisdictions etc
- 102 References to laws include references to laws as in force from time to
- 103 References to repealed laws
- 104 References to laws include references to instruments under laws
- 105 Referring to provisions of laws
- 106 References to provisions of laws are inclusive
- 106A References to paragraphs etc of laws
CHAPTER 11--REPUBLICATION OF ACTS AND STATUTORY INSTRUMENTS
PART 11.1--GENERAL
- 107 Definitions—ch 11
- 108 Republication in register
- 109 Republications may be published with other information
- 110 Collections of laws
PART 11.2--SUBSTANTIVE AMENDMENTS MADE BY LAWS
- 111 Incorporation of amendments
- 112 Reference to amending laws
- 113 Provisions not republished or relocated
PART 11.3--EDITORIAL CHANGES
- 114 Authorisation for parliamentary counsel
- 115 Amendments not to change effect
- 116 Ambit of editorial amendments
- 117 Legal effect of editorial changes
- 118 Reference to editorial amendments
CHAPTER 12--SCOPE OF ACTS AND STATUTORY INSTRUMENTS
- 120 Act to be interpreted not to exceed legislative powers of Assembly
- 121 Binding effect of Acts
- 122 Application to Territory
CHAPTER 13--STRUCTURE OF ACTS AND STATUTORY INSTRUMENTS
PART 13.1--GENERAL
- 125 Meaning of law—ch 13
- 126 Material that is part of Act or statutory instrument
- 127 Material that is not part of Act or statutory instrument
PART 13.2--PARTICULAR KINDS OF PROVISIONS
- 130 What is a definition?
- 131 Signpost definitions
- 132 Examples
- 133 Penalty units
- 134 Penalties at end of sections and subsections
- 135 Penalties not at end of sections and subsections
CHAPTER 14--INTERPRETATION OF ACTS AND STATUTORY INSTRUMENTS
PART 14.1--PURPOSE AND SCOPE
PART 14.2--KEY PRINCIPLES OF INTERPRETATION
- 138 Meaning of working out the meaning of an Act—pt 14.2
- 139 Interpretation best achieving Act's purpose
- 140 Legislative context
- 141 Non-legislative context generally
- 142 Non-legislative context—material that may be considered
- 143 Law stating material for consideration in working out meaning
CHAPTER 15--AIDS TO INTERPRETATION
PART 15.1--GENERAL
- 144 Meaning of commonly-used terms
- 145 Gender and number
- 146 Meaning of may and must
- 147 Changes of drafting practice not to affect meaning
- 148 Terms used in instruments have same meanings as in authorising laws
- 149 Age in years
- 150 Measurement of distance
- 151 Working out periods of time generally
- 151A Periods of time ending on non-working days
- 151B Doing things for which no time is fixed
- 151C Power to extend time
- 152 Continuing effect of obligations
PART 15.2--DEFINITIONS
- 155 Definitions apply subject to contrary intention
- 156 Application of definitions in dictionaries and sections
- 157 Defined terms—other parts of speech and grammatical forms
PART 15.3--REFERENCES TO VARIOUS ENTITIES AND THINGS
- 160 References to people generally
- 161 Corporations liable to offences
- 162 References to a Minister or the Minister
- 163 References to a director-general or the director-general
- 164 References to Australian Standards etc
- 165 References to Assembly committees that no longer exist
- 168 References to person with interest in land include personal representative
- 169 References to domestic partner and domestic partnership
- 169A References to transgender people
- 169B References to intersex people
PART 15.4--PRESERVATION OF CERTAIN COMMON LAW PRIVILEGES
CHAPTER 16--COURTS, TRIBUNALS AND OTHER DECISION-MAKERS
- 175 Meaning of law—ch 16
- 176 Jurisdiction of courts and tribunals
- 177 Recovery of amounts owing under laws
- 178 Power to decide includes power to take evidence etc
- 179 Content of statements of reasons for decisions
- 180 Power to make decision includes power to reverse or change
CHAPTER 17--ENTITIES AND POSITIONS
- 182 Meaning of law—ch 17
- 183 Change of name of entity
- 184 Change in constitution of entity
- 184A References to entity
- 185 References to occupant of position
- 186 Change of name of position
- 187 Chair and deputy chair etc
CHAPTER 18--OFFENCES
- 188 Meaning of ACT law—ch 18
- 189 Reference to offence includes reference to related ancillary offences
- 190 Indictable and summary offences
- 191 Offences against 2 or more laws
- 192 When must prosecutions begin?
- 193 Continuing offences
CHAPTER 19--ADMINISTRATIVE AND MACHINERY PROVISIONS
PART 19.1--INTRODUCTORY
- 195 Meaning of law—ch 19
PART 19.2--FUNCTIONS
- 196 Provision giving function gives power to exercise function
- 197 Statutory functions may be exercised from time to time
- 199 Functions of bodies
- 200 Functions of occupants of positions
PART 19.3--APPOINTMENTS
Division 19.3.1--Appointments—general
- 205 Application—div 19.3.1
- 206 Appointments must be in writing etc
- 207 Appointment may be by name or position
- 208 Power of appointment includes power to suspend etc
- 209 Power of appointment includes power to make acting appointment
- 210 Resignation of appointment
- 211 Appointment not affected by appointer changes
- 212 Appointment not affected by defect etc
Division 19.3.2--Acting appointments
- 215 Application—div 19.3.2
- 216 Acting appointments must be in writing etc
- 217 Acting appointment may be made by name or position
- 218 Instrument may provide when acting appointment has effect etc
- 219 Appointer may decide terms of acting appointment etc
- 220 Appointee may exercise functions under acting appointment etc
- 221 How long does an acting appointment operate?
- 222 Resignation of acting appointment
- 223 Effect of acting appointment on substantive appointment etc
- 224 Acting appointment not affected by appointer changes
- 225 Acting appointment not affected by defect etc
Division 19.3.2A--Standing acting arrangements
- 225A Application—div 19.3.2A
- 225B Person acting under standing acting arrangement may exercise functions
Division 19.3.3--Appointments—Assembly consultation
- 226 Meaning of statutory position—div 19.3.3
- 227 Application—div 19.3.3
- 228 Consultation with relevant Assembly committee
- 229 Appointment is disallowable instrument
PART 19.4--DELEGATIONS
- 230 Application—pt 19.4 generally
- 231 Application—pt 19.4 to subdelegations
- 232 Delegation must be in writing etc
- 233 Delegation may be made by name or position
- 234 Instrument may provide when delegation has effect etc
- 235 Delegation may be made to 2 or more delegates
- 236 Power to delegate may not be delegated
- 237 Delegation may be amended or revoked
- 238 Appointer responsible for delegated function
- 239 Exercise of delegation by delegate
- 240 Appointer may exercise delegated function
- 241 Delegation not affected by appointer changes
- 242 Delegation not affected by defect etc
PART 19.5--SERVICE OF DOCUMENTS
- 245 Application—pt 19.5
- 246 Definitions—pt 19.5
- 247 Service of documents on individuals
- 248 Service of documents on corporations
- 249 Service of documents on agencies
- 250 When document taken to be served
- 251 Other laws not affected etc
- 252 Powers of courts and tribunals not affected
PART 19.6--FUNCTIONS OF EXECUTIVE AND MINISTERS
- 253 Exercise of functions of Executive
- 254 Administration of matters not allocated
- 254A Delegation by Minister
PART 19.7--OTHER MATTERS
- 255 Forms
- 256 Production of records kept in computers etc
- 257 Out-of-session presentation of documents to Legislative Assembly
CHAPTER 20--MISCELLANEOUS
- 300 Delegation by parliamentary counsel
- 301 References to Administration Act 1989 etc
- 302 Regulation-making power