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LEGISLATION ACT 2001 - SECT 19 Contents of register

LEGISLATION ACT 2001 - SECT 19

Contents of register

    (1)     The ACT legislation register must contain the following:

        (a)     authorised republications of laws currently in force;

        (b)     Acts as made;

        (c)     subordinate laws as made;

        (d)     disallowable instruments as made;

        (e)     notifiable instruments as made;

        (f)     commencement notices as made;

        (g)     resolutions passed, or taken to have been passed, by the Legislative Assembly to disallow a subordinate law or disallowable instrument;

        (h)     resolutions passed, or taken to have been passed, by the Legislative Assembly to amend a subordinate law or disallowable instrument;

              (i)     bills presented to the Legislative Assembly;

        (j)     explanatory statements for bills, and amendments of bills, presented to the Legislative Assembly;

        (k)     explanatory statements, and regulatory impact statements under chapter 5, for subordinate laws and disallowable instruments.

    (2)     The ACT legislation register must also contain the following:

        (a)     notifications of the making of Acts;

        (b)     notifications of the making of subordinate laws;

        (c)     notifications of the making of disallowable instruments;

        (d)     notifications of the making of notifiable instruments;

        (e)     notifications of the making of commencement notices;

        (f)     notifications of the disallowance of subordinate laws or disallowable instruments under section 65 (Disallowance by resolution of Assembly);

        (g)     notifications of the amendment of subordinate laws or disallowable instruments under section 68 (Amendment by resolution of Assembly).

    (3)     The parliamentary counsel may enter additional material in the register if the parliamentary counsel considers that it is likely to be useful to users of the register.

    (4)     Without limiting subsection (3), the additional material may include the following:

        (a)     unauthorised republications of laws currently in force;

        (b)     past versions of unauthorised republications;

        (c)     past versions of authorised republications;

        (d)     statutory instruments that are not legislative instruments;

        (e)     repealed Acts and statutory instruments;

        (f)     Commonwealth laws that apply in or in relation to the ACT;

        (g)     material relevant to interpreting the rights set out in the Human Rights Act 2004

, including documents mentioned in that Act, dictionary, definition of international law .

    (5)     The parliamentary counsel may enter additional material in the register in any way the parliamentary counsel considers is likely to be helpful to users of the register.

Example

An instrument under the Self-Government Act

notifying the appointment of Ministers is entered in the register as a notifiable instrument even though the instrument is not taken to be a notifiable instrument under s 10 (Meaning of notifiable instrument ). The instrument is also numbered as a notifiable instrument. The page of the register for the notification mentions that it is made under the Self-Government Act

and is not a notifiable instrument but is included in the register for information.

    (6)     Without limiting subsection (3) or (5), a regulation may prescribe requirements to be satisfied for additional material to be entered in the register under this section, including, for example, requirements about—

        (a)     the form of the material; and

        (b)     the making of requests for its entry in the register.

    (7)     A regulation may also make provision about the following in relation to instruments (other than legislative instruments) to be entered in the register under this section:

        (a)     the numbering of the instruments by the parliamentary counsel, whether in a series of numbers allocated under section 59 (Numbering) or otherwise;

        (b)     the identification of the instruments, including, for example, authorising the parliamentary counsel to—

              (i)     add a name to an unnamed instrument; or

              (ii)     amend an instrument's name; or

              (iii)     add notes to an instrument to assist in its identification; or

              (iv)     do anything else in relation to an instrument to assist users of the register to identify or refer to the instrument.

    (8)     If the register contains an authorised republication of a law currently in force, and the law is amended, the parliamentary counsel must replace the republication with an authorised republication of the law as amended.

    (9)     If the register contains an authorised republication of a law, and the law is repealed, expires or, for a subordinate law or disallowable instrument, is disallowed by the Legislative Assembly, the parliamentary counsel must ensure that the republication is no longer shown as a republication of law currently in force.

    (10)     If the parliamentary counsel considers it likely to be useful to users of the register to enter information (in any form) in the register, the parliamentary counsel may enter the information at any time.

    (11)     If an Act passed by the Legislative Assembly, or a legislative instrument made, before the commencement of this Act need not be notified under this Act, the parliamentary counsel may enter the text of the Act or instrument in the register.

    (12)     The parliamentary counsel may correct any mistake, error or omission in the register subject to the requirements (if any) of the regulations.

    (13)     In this section:

"amended" includes modified.

"law"—see section 107 (Definitions—ch 11).

"repealed" includes lapsed and expired.