Australian Capital Territory Consolidated Acts

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LEGISLATION ACT 2001 - SECT 60

Correction etc of name of instrument

    (1)     This section applies if a legislative instrument, or a statutory instrument entered on the register under section 19 (3), is unnamed or the name it gives to itself—

        (a)     includes a year that is not the year in which the instrument was notified; or

        (b)     is the same as another instrument that has been, or is to be, notified under this Act; or

        (c)     includes a number that is not consecutive with other instruments that have been notified under this Act; or

        (d)     does not include a number that would give the instrument a unique name; or

        (e)     is otherwise not in accordance with current legislative drafting practice.

Example for par (c)

A legislative instrument has the name ‘ XYZ Amendment Rule 2000 ( No 5 )'. Legislative instruments with the names ‘ XYZ Amendment Rule 2000 (No 1) ', ‘ XYZ Amendment Rule 2000 (No 2) ' and ‘ XYZ Amendment Rule 2000 (No 3) ' have already been notified under the Act

Example for par (d)

A legislative instrument has the name ‘ XYZ Amendment Rule 2000 (No ) '.

Example for par (e)

A legislative instrument has the name ‘ XYY Amendment Order 2002 (No 1) '. The instrument was made under the XYZ Act 2000 (the authorising Act ). The name of the instrument does not correctly reflect the name of the authorising Act.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see s 126 and s 132).

    (2)     The parliamentary counsel may, before notifying the instrument under this Act—

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

        (b)     amend the instrument's name to bring it into line with current legislative drafting practice.

    (3)     If the name of an instrument is added or amended under this section, the instrument has effect for all purposes as if the instrument were made with the name as added or amended.

    (4)     If the name of an instrument is added or amended under this section, the parliamentary counsel may make a corresponding change to any explanatory statement or regulatory impact statement for the instrument.



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