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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Legislative
Instruments Bill 2003
No. ,
2003
(Attorney-General)
A
Bill for an Act relating to the making, registration, Parliamentary scrutiny and
periodic repeal of legislative instruments, and for related
purposes
Contents
A Bill for an Act relating to the making, registration,
Parliamentary scrutiny and periodic repeal of legislative instruments, and for
related purposes
The Parliament of Australia enacts:
This Act may be cited as the Legislative Instruments Act
2003.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 and 2 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Sections 3 to 62 |
A single day fixed by Proclamation, subject to subsections (3) and
(4) |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
(3) The date fixed by Proclamation for the purposes of item 2 of the
table must be a first day of January or a first day of July occurring after the
day on which this Act receives the Royal Assent.
(4) If the provisions covered by item 2 of the table do not commence
under subsection (1) within the period of 12 months beginning on the day on
which this Act receives the Royal Assent, they commence on the first day of
January or of July, whichever next follows the end of that period.
(1) The object of this Act is to provide a comprehensive regime for the
management of Commonwealth legislative instruments by:
(a) establishing the Federal Register of Legislative Instruments as a
repository of Commonwealth legislative instruments, explanatory statements and
compilations; and
(b) encouraging rule-makers to undertake appropriate consultation before
making legislative instruments; and
(c) encouraging high standards in the drafting of legislative instruments
to promote their legal effectiveness, their clarity and their intelligibility to
anticipated users; and
(d) improving public access to legislative instruments; and
(e) establishing improved mechanisms for Parliamentary scrutiny of
legislative instruments; and
(f) establishing mechanisms to ensure that legislative instruments are
periodically reviewed and, if they no longer have a continuing purpose,
repealed.
(1) In this Act, unless the contrary intention appears:
ADJR Act means the Administrative Decisions (Judicial
Review) Act 1977.
certified true copy, in relation to a legislative instrument,
means a copy of the instrument certified to be a true copy of the full text of
the instrument as it was made.
commencing day means the day on which section 20
of this Act commences.
compilation, in relation to a legislative instrument that
has, with effect from a particular time, been amended by an Act or Acts or by
another legislative instrument or legislative instruments, means the
first-mentioned legislative instrument as amended and in force at that
time.
enabling legislation, in relation to a legislative
instrument, means the Act or legislative instrument, or the part of an Act or of
a legislative instrument, that authorises the making of the legislative
instrument concerned.
explanatory statement, in relation to a legislative
instrument, means a statement that:
(a) is prepared by the rule-maker; and
(b) explains the purpose and operation of the instrument; and
(c) if any documents are incorporated in the instrument by
reference—contains a description of the documents so incorporated and
indicate how they may be obtained; and
(d) if consultation was undertaken under section 17 before the
instrument was made—contains a description of the nature of that
consultation; and
(e) if no such consultation was undertaken—explains why no such
consultation was undertaken; and
(f) contains such other information as is prescribed.
inappropriate use of gender-specific language, in relation to
a legislative instrument, means use of such language in the legislative
instrument in circumstances where it is not necessary to identify persons by
their sex.
instrument does not include an explanatory statement or a
compilation.
legislative instrument has the meaning given by
section 5 and includes instruments that are declared to be legislative
instruments under section 6 but does not include:
(a) instruments that are declared not to be legislative instruments under
section 7; or
(b) instruments to which section 9 applies.
lodge, in respect of a legislative instrument, explanatory
statement, compilation or other document required to be lodged under
Part 4, means lodge in such manner, and in such form or forms, as this Act
or the regulations specify.
making, in relation to an instrument that will become, or
that is, a legislative instrument, means the signing, sealing or other
endorsement of the instrument by the person or body empowered to make it whereby
it becomes or became that legislative instrument.
original legislative instrument means:
(a) the legislative instrument made by the rule-maker; or
(b) an instrument prescribed by the regulations.
Note: Examples of a legislative instrument made by the
rule-maker are a signed or sealed instrument.
register, in relation to an instrument, an explanatory
statement, or a compilation, means recording the instrument, explanatory
statement or compilation in the Register in electronic form.
Register means the Federal Register of Legislative
Instruments required to be maintained under section 20.
responsible Minister, in relation to a legislative instrument
or a proposed legislative instrument, means the Minister administering the
enabling legislation for that instrument.
rule-maker has the meaning given by
subsection (3).
Secretary means the Secretary of the Department.
State includes the Australian Capital Territory and the
Northern Territory.
working day means a day that is not a Saturday, a
Sunday or a public holiday in the Australian Capital Territory.
(2) In this Act, if an act or thing is required to be done within a
specified number of working days after a particular event, that act or thing can
be done at any time after the event during normal business hours:
(a) on the day on which the event occurred (if it is a working day);
or
(b) on a working day included in the specified number of working days next
following that day.
(3) In this Act, unless the contrary intention appears:
(a) a reference to a rule-maker, in relation to a legislative instrument
or a proposed legislative instrument, is a reference to:
(i) if the legislative instrument is, or will be, authorised to be made by
the Governor-General and the reference appears in section 13—the
Governor-General; and
(ii) if the legislative instrument is, or will be, authorised to be made
by the Governor-General and the reference appears in any other provision of this
Act—the responsible Minister; and
(iii) if the legislative instrument is, or will be, authorised to be made
by a person other than the Governor-General or by a body—that other person
or body; and
(b) a reference in this Act to a rule-maker who makes, or proposes to
make, a legislative instrument includes a reference to the person who would be
taken to be the rule-maker of the instrument (if the instrument were made)
whether or not that person actually makes the instrument concerned.
(1) Subject to sections 6, 7 and 9, a legislative
instrument is an instrument in writing:
(a) that is of a legislative character; and
(b) that is or was made in the exercise of a power delegated by the
Parliament.
(2) Without limiting the generality of subsection (1), an instrument
is taken to be of a legislative character if:
(a) it determines the law or alters the content of the law, rather than
applying the law in a particular case; and
(b) it has the direct or indirect effect of affecting a privilege or
interest, imposing an obligation, creating a right, or varying or removing an
obligation or right.
(3) An instrument that is registered is taken, by virtue of that
registration and despite anything else in this Act, to be a legislative
instrument.
(4) If some provisions of an instrument are of a legislative character and
others are of an administrative character, the instrument is taken to be a
legislative instrument for the purposes of this Act.
Without limiting the generality of subsection 5(1), each of the following
instruments is, subject to sections 7 and 9, a legislative
instrument:
(a) an instrument:
(i) made in the exercise of a power delegated by the Parliament before, on
or after the commencing day; and
(ii) described as a regulation by the enabling legislation;
(b) an instrument, other than a regulation:
(i) made in the exercise of a power delegated by the Parliament before the
commencing day; and
(ii) required to be printed and sold as a statutory rule under subsection
5(1) of the Statutory Rules Publication Act 1903 as in force at any time
before the commencing day;
(c) an instrument:
(i) made in the exercise of a power delegated by the Parliament before, on
or after the commencing day in an Act providing for the government of a
non-self-governing Territory; and
(ii) described in that Act as an Ordinance or as a rule, regulation or
by-law made under such an Ordinance;
(d) an instrument made in the exercise of a power delegated by the
Parliament before the commencing day and, in accordance with a provision of the
enabling legislation:
(i) declared to be a disallowable instrument for the purposes of
section 46A of the Acts Interpretation Act 1901 as in force at any
time before the commencing day; or
(ii) otherwise able to be disallowed under Part XII of the Acts
Interpretation Act 1901 as in force at any time before the commencing
day;
(e) a Proclamation made before, on or after the commencing day under
enabling legislation.
(1) An instrument is not a legislative instrument for the purposes of this
Act if:
(a) it is included in the table below; or
(b) it is made under an Act or a disallowable legislative
instrument:
(i) that first authorised the making of the first-mentioned instrument on
or after the commencing day; and
(ii) that declared the first-mentioned instrument not to be a legislative
instrument for the purposes of this Act.
|
Instruments that are not legislative instruments for the purposes of the
Act |
|
|---|---|
|
Item |
Particulars of instrument |
|
1 |
Instruments (other than regulations and other instruments that, immediately
before the commencing day, are disallowable) made under the Air Navigation
Act 1920, or under the regulations made under that Act, relating to aviation
security |
|
2 |
Commissioner’s orders under section 38 of the Australian
Federal Police Act 1979 |
|
3 |
General Orders made under section 12 of the Australian Protective
Service Act 1987 |
|
4 |
Guidelines under section 8A of the Australian Security Intelligence
Organisation Act 1979 |
|
5 |
Ministerial directions to: (a) a Commonwealth company within the meaning of section 34 of the
Commonwealth Authorities and Companies Act 1997; or (b) a Commonwealth authority within the meaning of section 7 of that
Act; other than any such direction: (c) that comprises a notification under section 28 or 43 of that Act;
or (d) that is required to be laid before the Houses of the Parliament under
the legislation that authorises the giving of the directions; or (e) the full text of which is required to be published in the
Gazette or elsewhere under that legislation |
|
6 |
Instruments (other than regulations and other instruments that, immediately
before the commencing day, are disallowable) that are made under the
Corporations Act 2001 and that, in relation to: (a) a specified person (other than a person specified by membership of a
class) or to persons associated with that specified person; or (b) a specified facility (other than a facility specified by membership of
a class); or (c) a specified financial product (other than a product specified by
membership of a class); have the effect of: (d) exempting the person, facility or product from the rules under the Act;
or (e) modifying the operation of the rules under the Act in their application
to the person, facility or product |
|
7 |
Determinations made under section 273 of the Customs Act
1901 |
|
8 |
Instructions under section 9A of the Defence Act 1903 |
|
9 |
Determinations made under section 58B or 58H of the Defence Act
1903 |
|
10 |
Legal Services Directions issued under paragraph 55ZF(1)(b) of the
Judiciary Act 1903 |
|
11 |
Schedules to the Murray-Darling Basin Agreement made under clause 50
or 134 of that Agreement (being the Agreement approved under section 5 of
the Murray-Darling Basin Act 1993) |
|
12 |
Designations, or revocations of designations, made under section 11 of
the Payment Systems (Regulation) Act 1998 |
|
13 |
Instruments made under section 72 of the Public Service Act
1999 |
|
14 |
Laws of a self-governing Territory, other than: (a) Ordinances made under subsection 12(1) of the Seat of Government
(Administration) Act 1910 that have not become enactments (as defined in the
Australian Capital Territory (Self-Government) Act 1988); or (b) Ordinances made under section 27 of the Norfolk Island Act
1979; or (c) rules, regulations and by-laws made under Ordinances described in
paragraph (a) or (b) |
|
15 |
Instruments (other than regulations and other instruments that, immediately
before the commencing day, are disallowable) that are made under the
Superannuation Industry (Supervision) Act 1993 and that, in relation
to: (a) a specified person (other than a person specified by membership of a
class) or to persons associated with that specified person; or (b) a specified financial product (other than a product specified by
membership of a class); have the effect of: (c) exempting the person or product from the rules under the Act;
or (d) modifying the operation of the rules under the Act in their application
to the person or product |
|
16 |
Private rulings given under the Taxation Administration Act
1953 |
|
17 |
Public rulings made under the Taxation Administration Act
1953 |
|
18 |
Awards and agreements under the Workplace Relations Act
1996 |
|
19 |
Orders made by the Australian Industrial Relations Commission in
proceedings under the Workplace Relations Act 1996 |
|
20 |
Instruments that relate to terms and conditions of employment of persons,
or to the terms and conditions of service of persons, as members or special
members of the Australian Federal Police, other than: (a) regulations; or (b) instruments that are declared to be disallowable instruments under the
enabling legislation; or (c) instruments that are made under section 23 or subsection 24(3) of
the Public Service Act 1999; or (d) instruments that are made under section 23 or subsection 24(3) of
the Parliamentary Service Act 1999; or (e) instruments that are required to be laid before the Parliament under
subsection 7(7) of the Remuneration Tribunal Act 1973 |
|
21 |
Instruments that comprise, in their entirety, directions to
delegates |
|
22 |
Laws of a State or self-governing Territory that apply in a
non-self-governing Territory and instruments made under those laws |
|
23 |
Ordinances of the former Colony of Singapore that apply in a
non-self-governing Territory and instruments made under those
Ordinances |
|
24 |
Instruments that are prescribed by the regulations for the purposes of this
table |
(2) The inclusion of an instrument in the table in subsection (1)
does not imply that an instrument of that kind would, if it were not so
included, be a legislative instrument under subsection (1).
(3) If:
(a) the making of an instrument is authorised before the commencing day;
and
(b) the instrument is of a kind included in the table in
subsection (1) or is not otherwise a legislative instrument; and
(c) the instrument is required:
(i) to have its text, or particulars of its making, published in the
Gazette; or
(ii) to be laid before either or both of the Houses of the Parliament
without provision for its disallowance;
that requirement is unaffected by this Act whether the instrument is made
before, on or after the commencing day.
A reference in this Act to a power delegated by the Parliament includes a
reference to a power delegated by the Parliament to a rule-maker and then, under
the authority of the Parliament, further delegated by the rule-maker to another
rule-maker.
Rules of court for the High Court, the Federal Court of Australia, the
Family Court of Australia and the Federal Magistrates Court are not legislative
instruments for the purposes of this Act.
Note: Rules of court are treated as if they were legislative
instruments by express amendment of the legislation providing for them to be
made.
(1) If a person or body having authority to make instruments of a
particular kind is uncertain whether an instrument of that kind:
(a) that was made before the commencing day; and
(b) that is not registered;
is, or is not, a legislative instrument, the person or body may, at any
time before the day that would, under Division 3 of Part 4, be the
last day for lodging the instrument for registration if it were a legislative
instrument, apply, in writing, to the Attorney-General to determine the
matter.
(2) If a person or body having authority to make an instrument of a
particular kind:
(a) proposes to make an instrument of that kind on or after the commencing
day; and
(b) is uncertain whether an instrument of that kind will be, or will not
be, a legislative instrument;
the person or body may apply, in writing, to the Attorney-General to
determine the matter.
(3) The regulations may make provision in relation to the content and form
of, and manner of making, applications under subsections (1) and
(2).
(4) If application is made to the Attorney-General in respect of an
instrument, or an instrument of a particular kind, the Attorney-General
must:
(a) determine whether that instrument is, or is not, or whether an
instrument of that kind will be, or will not be, a legislative instrument;
and
(b) issue a certificate, in writing, to that effect, and set out the
reasons for that decision in the certificate; and
(c) give a copy of the certificate to the applicant.
(5) Subject only to its reconsideration in the circumstance described in
subsection 11(1), a certificate given by the Attorney-General under this section
is, for all purposes, conclusive of the question whether the instrument to which
the certificate relates is, or is not, or whether an instrument of the kind to
which the certificate relates will be, or will not be, a legislative
instrument.
(6) A certificate issued under this section is a legislative instrument
and, as such, is required under Part 4 to be registered.
(1) If:
(a) the Attorney-General issues a certificate under section 10 to the
effect that a particular instrument is, or is not, or that an instrument
of a particular kind will be, or will not be, a legislative instrument;
and
(b) the decision to issue the certificate is subsequently
reviewed:
(i) by the Federal Court of Australia or the Federal Magistrates Court
under the ADJR Act; or
(ii) by the Federal Court of Australia under section 39B of the
Judiciary Act 1903; or
(iii) by the High Court of Australia under paragraph 75(v) of the
Constitution;
and an order is made by that court to quash or to set aside the
decision;
the Attorney-General must reconsider the matter and issue a replacement
certificate.
(2) Despite any provision in a law of the Commonwealth to the contrary,
the order of a court referred to in paragraph (1)(b) to quash or set aside
the decision to issue a certificate under this section takes effect only from
the time immediately before the issue of the replacement certificate.
(3) If the Attorney-General decides, on reconsideration of the
matter:
(a) that an instrument that he or she has certified to be a legislative
instrument is not such an instrument; or
(b) that an instrument of a kind that he or she has certified will be a
legislative instrument will not be such an instrument;
then, except in relation to an instrument to which subsection 5(3)
applies:
(c) that instrument, or an instrument of that kind made after the issue of
the original certificate, that would, but for its registration, have been
required to be notified in the Gazette, must be so notified as soon as
practicable but not later than 3 working days after the issue of the replacement
certificate; and
(d) if the instrument is so notified, it is taken for all purposes always
to have been notified as required; and
(e) any act or thing done in accordance with the instrument, whether
before or after its notification, is validly done.
(4) If the Attorney-General decides, on reconsideration of the
matter:
(a) that an instrument that he or she certified not to be a legislative
instrument is such an instrument; or
(b) that an instrument of a kind that he or she has certified will not be
a legislative instrument will be such an instrument;
then:
(c) that instrument, or an instrument of that kind made after the issue of
the original certificate, must be registered:
(i) if Division 3 of Part 4 is applicable to the
instrument—by the last day for lodgment for registration under that
Division; or
(ii) if that Division is not applicable or that day has already
passed—as soon as practicable but not later than 3 working days after the
issue of the replacement certificate; and
(d) if the instrument is so registered, it is taken, for all purposes of
this Act, to have been so registered within the time required by this Act for
its registration; and
(e) any act or thing done in accordance with, or in reliance on, the
instrument, whether before or after its registration, is taken to have been
validly done.
(5) If the Attorney-General decides, on reconsideration of the
matter:
(a) that an instrument that he or she has certified to be a legislative
instrument is such an instrument; or
(b) that an instrument of a kind that he or she has certified will be a
legislative instrument will be such an instrument;
then:
(c) the requirement for registration of that instrument or of an
instrument of that kind is unaffected; and
(d) any registration of that instrument or of an instrument of that kind
that is already effected remains effective.
(6) If the Attorney-General decides, on reconsideration of the
matter:
(a) that an instrument that he or she has certified not to be a
legislative instrument is not a legislative instrument; or
(b) that an instrument of a kind that he or she has certified will not be
a legislative instrument will not be such an instrument;
then:
(c) any requirement for notification in the Gazette of the making
of that instrument or of an instrument of that kind is unaffected; and
(d) any notification in the Gazette of the making of that
instrument or of an instrument of that kind that is already effected remains
effective.
(7) In any case where a court referred to in paragraph (1)(b) makes
an order quashing or setting aside a decision to issue a certificate under
section 10, the Attorney-General must:
(a) as soon as practicable after that order is made, notify the person or
body having authority to make the instrument, in writing, of the court’s
decision; and
(b) as soon as practicable after the issue of a replacement
certificate—give a copy of the replacement certificate to the applicant
for the original certificate and to the person or body having authority to make
the instrument.
(8) A replacement certificate issued under this section is a legislative
instrument and, as such, is required under Part 4 to be
registered.
(1) Subject to subsection (2), a legislative instrument that is made
on or after the commencing day, or a particular provision of such an instrument,
takes effect from:
(a) the day specified in the instrument for the purposes of the
commencement of the instrument or provision; or
(b) the day and time specified in the instrument for the purposes of the
commencement of the instrument or provision; or
(c) the day, or day and time, of the commencement of an Act, or of a
provision of an Act, or of the occurrence of an event, that is specified in the
instrument for the purposes of the commencement of the instrument or provision;
or
(d) in any other case—the first moment of the day next following the
day when it is registered.
Note: There are certain instruments that, by virtue of
subsection 55(2), are made before, but treated as having been made on, the
commencing day.
(2) If:
(a) a legislative instrument is expressed to take effect from a time
before it is registered; but
(b) the instrument, or a provision of the instrument:
(i) would adversely affect the rights of a person (other than the
Commonwealth or an authority of the Commonwealth) at a time before the
instrument is registered; or
(ii) would result in the imposition of liabilities on a person (other than
the Commonwealth or an authority of the Commonwealth) in respect of anything
done, or omitted to be done, at a time before the instrument is
registered;
the instrument or provision is taken to be of no effect in respect of the
period before it is registered to the extent that it would have the effect
described in subparagraph (b)(i) or (ii).
(3) The effect of subsections (1) and (2) on a legislative instrument
is subject to any contrary provision for commencement of the instrument in the
enabling legislation for the instrument if the enabling legislation is an Act or
a provision of an Act.
(1) If enabling legislation confers on a rule-maker the power to make a
legislative instrument, then, unless the contrary intention appears:
(a) the Acts Interpretation Act 1901 applies to any legislative
instrument so made as if it were an Act and as if each provision of the
legislative instrument were a section of an Act; and
(b) expressions used in any legislative instrument so made have the same
meaning as in the enabling legislation; and
(c) any legislative instrument so made is to be read and construed subject
to the enabling legislation, and so as not to exceed the power of the
rule-maker.
(2) If any legislative instrument would, but for subsection (1), be
construed as being in excess of the rule-maker’s power, it is to be taken
to be a valid instrument to the extent to which it is not in excess of that
power.
(3) If enabling legislation confers on a rule-maker the power to make a
legislative instrument:
(a) specifying, declaring or prescribing a matter or thing; or
(b) doing anything in relation to a matter or thing;
then, in exercising the power, the rule-maker may identify the matter or
thing by referring to a class or classes of matters or things.
Note: This section has a parallel, in relation to
instruments that are not legislative instruments, in section 46 of the
Acts Interpretation Act 1901.
(1) If enabling legislation authorises or requires provision to be made in
relation to any matter in a legislative instrument, the legislative instrument
may, unless the contrary intention appears, make provision in relation to that
matter:
(a) by applying, adopting or incorporating, with or without modification,
the provisions of any Act, or of any disallowable legislative instrument, as in
force at a particular time or as in force from time to time; or
(b) subject to subsection (2), by applying, adopting or
incorporating, with or without modification, any matter contained in any other
instrument or writing as in force or existing at the time when the
first-mentioned legislative instrument takes effect.
(2) Unless the contrary intention appears, the legislative instrument may
not make provision in relation to a matter by applying, adopting or
incorporating any matter contained in an instrument or other writing as in force
or existing from time to time.
Note: This section has a parallel, in relation to
instruments that are not legislative instruments, in section 46AA of the
Acts Interpretation Act 1901.
The repeal of any legislative instrument, or of any provision of a
legislative instrument, does not, unless the contrary intention appears in the
Act or legislative instrument effecting the repeal:
(a) revive anything not in force or existing at the time at which the
repeal takes effect; or
(b) affect the previous operation of the instrument or provision or
anything duly done or suffered under the instrument or provision; or
(c) affect any right, privilege, obligation or liability acquired, accrued
or incurred under the instrument or provision; or
(d) affect any penalty, forfeiture or punishment incurred in respect of
any offence committed against the instrument or provision; or
(e) affect any investigation, legal proceeding or remedy in respect of any
such right, privilege, obligation, liability, penalty, forfeiture or
punishment;
and any such investigation, legal proceeding or remedy may be instituted,
continued or enforced, and any such penalty, forfeiture or punishment may be
imposed, as if the repealing Act or instrument had not been enacted or
made.
(1) To encourage high standards in the drafting of legislative
instruments, the Secretary must cause steps to be taken to promote the legal
effectiveness, clarity, and intelligibility to anticipated users, of legislative
instruments.
(2) The steps referred to in subsection (1) may include, but are not
limited to:
(a) undertaking or supervising the drafting of legislative instruments;
and
(b) scrutinising preliminary drafts of legislative instruments;
and
(c) providing advice concerning the drafting of legislative instruments;
and
(d) providing training in drafting and matters related to drafting to
officers and employees of other Departments or agencies; and
(e) arranging the temporary secondment to other Departments or agencies of
APS employees performing duties in the Department; and
(f) providing drafting precedents to officers and employees of other
Departments or agencies.
(3) The Secretary must also cause steps to be taken:
(a) to prevent the inappropriate use of gender-specific language in
legislative instruments; and
(b) to advise rule-makers of legislative instruments that have already
been made if those legislative instruments make inappropriate use of such
language; and
(c) to notify both Houses of the Parliament about any occasion when a
rule-maker is advised under paragraph (b).
(1) Before a rule-maker makes a legislative instrument, and particularly
where the proposed instrument is likely to:
(a) have a direct, or a substantial indirect, effect on business;
or
(b) restrict competition;
the rule-maker must be satisfied that any consultation that is considered
by the rule-maker to be appropriate and that is reasonably practicable to
undertake, has been undertaken.
(2) In determining whether any consultation that was undertaken is
appropriate, the rule-maker may have regard to any relevant matter, including
the extent to which the consultation:
(a) drew on the knowledge of persons having expertise in fields relevant
to the proposed instrument; and
(b) ensured that persons likely to be affected by the proposed instrument
had an adequate opportunity to comment on its proposed content.
(3) Without limiting, by implication, the form that consultation referred
to in subsection (1) might take, such consultation could involve
notification, either directly or by advertisement, of bodies that, or of
organisations representative of persons who, are likely to be affected by the
proposed instrument. Such notification could invite submissions to be made by a
specified date or might invite participation in public hearings to be held
concerning the proposed instrument.
Note: The definition of explanatory statement
in subsection 4(1) requires that the explanatory statement prepared in respect
of each legislative instrument include a description of consultation undertaken
or, if there was no consultation, an explanation for its
absence.
(1) Despite section 17, the nature of an instrument may be such that
consultation may be unnecessary or inappropriate.
(2) The following are examples of instruments having a nature such that
the rule-maker may be satisfied that consultation is unnecessary or
inappropriate:
(a) an instrument that is of a minor or machinery nature and that does not
substantially alter existing arrangements; or
(b) an instrument that is required as a matter of urgency; or
(c) an instrument that gives effect, in terms announced in the Budget, to
a decision:
(i) to repeal, impose or adjust a tax, fee or charge; or
(ii) to confer, revoke or alter an entitlement; or
(iii) to impose, revoke or alter an obligation; or
(d) an instrument that is required because of an issue of national
security; or
(e) an instrument in relation to which appropriate consultation has
already been undertaken by someone other than the rule-maker; or
(f) an instrument that relates to employment; or
(g) an instrument that relates to the management of, or to the service of
members of, the Australian Defence Force.
The fact that consultation does not occur does not affect the validity or
enforceability of a legislative instrument.
(1) The Secretary is to cause to be maintained a register to be known as
the Federal Register of Legislative Instruments.
(2) The Register comprises, at any time, a database of all legislative
instruments, all explanatory statements in relation to legislative instruments
made on or after the commencing day, and all compilations in relation to
legislative instruments, that have been registered under this Act.
(1) The regulations may prescribe the manner in which the Register is to
be kept.
(2) Without limiting the generality of subsection (1), regulations
made under that subsection may require that any person required to lodge a
legislative instrument for registration must also lodge such information
relating to the legislative instrument as the regulations provide, in such form
as the regulations provide, to ensure that the Register is as useful as possible
to persons wishing to use it.
(3) Without limiting the generality of subsection (1), regulations
made under that subsection may provide:
(a) for the manner in which the Register is required to be kept
including:
(i) the manner of recording information required to be included in the
Register; and
(ii) the manner of altering information required to be included in the
Register; and
(b) for giving a unique identifier to each legislative instrument that is
registered; and
(c) for giving a unique identifier to each compilation, in relation to a
legislative instrument, that is registered.
(1) The Register is, for all purposes, to be taken to be a complete and
accurate record of all legislative instruments that are included in the
Register.
(2) A compilation that is included in the Register and that relates to a
particular legislative instrument is to be taken, unless the contrary is proved,
to be a complete and accurate record of that legislative instrument as amended
and in force at the date specified in the compilation.
(3) In any proceedings, proof is not required about the provisions and
coming into operation (in whole or in part) of a legislative instrument as it
appears in the Register.
(4) A court or tribunal may inform itself about those matters in any way
that it thinks fit.
(5) It is presumed, unless the contrary is proved, that a document that
purports to be an extract from the Register is what it purports to be.
(6) If:
(a) subsection (5) applies to a document; and
(b) the document purports to be a copy of, or a copy of a part of, a
legislative instrument that was registered on a particular day and at a
particular time;
then it is presumed, unless the contrary is proved and subject to the
operation of section 36 in the circumstances described in that section,
that the legislative instrument was registered on that day and at that
time.
(1) If:
(a) the Secretary becomes aware that the Register is erroneous because of
a mistake or omission; and
(b) the Secretary is satisfied that:
(i) so far as legislative instruments are concerned—the error lies
in the text, in electronic form, of such a legislative instrument as it appears
in the Register and not in the original legislative instrument, or other
evidence of the text of that instrument, lodged under subsection 25(2) or 29(3);
and
(ii) so far as compilations are concerned—the error lies in the
text, in electronic form, of such a compilation as it appears in the Register in
that the text does not represent the state of the law that it purports to
represent;
the Secretary must arrange for the Register to be altered to rectify the
error as soon as possible.
(2) An alteration of the Register under subsection (1):
(a) does not affect any right or privilege that was acquired, or that
accrued, by reason of reliance on the content of the Register before that
alteration was made; or
(b) does not impose or increase any obligation or liability that was
incurred before that alteration was made.
If a legislative instrument:
(a) is made on or after the commencing day; or
(b) is to be treated, under subsection 55(2), as if made on that
day;
the legislative instrument must be registered in accordance with this
Division.
Note: See subsection 29(2) concerning the lodgment for
registration of instruments made before the commencing day that are amended by
instruments made on or after that day.
(1) If a legislative instrument is required to be registered under this
Division, the rule-maker must, as soon as practicable after making that
legislative instrument, lodge the instrument in electronic form with the
Department for registration.
(2) At the time of, or as soon as practicable after, the lodgment of the
legislative instrument under subsection (1), the rule-maker must also
lodge:
(a) the original legislative instrument; or
(b) if the rule-maker cannot comply with paragraph (a)—a
certified true copy of the original legislative instrument; or
(c) if:
(i) the rule-maker cannot comply with paragraph (a) or (b);
and
(ii) the enabling legislation required that the full text of the original
legislative instrument be published in the Gazette or
elsewhere;
the full text of that original legislative instrument as so published;
or
(d) if the rule-maker cannot comply with paragraph (a), (b) or
(c)—such other evidence of the text of the original legislative instrument
as the Secretary considers acceptable.
(1) If a legislative instrument is lodged for registration under this
Division, the rule-maker must also lodge for registration, at the same time or
as soon as practicable thereafter, the explanatory statement in electronic form
that relates to that instrument.
(2) A failure by the rule-maker to lodge the explanatory statement in
relation to an instrument in accordance with subsection (1) does not affect
the validity or enforceability of the instrument.
Note: The obligation imposed on a rule-maker to comply with
this section is not affected by the rule-maker’s compliance with
subsection 39(2).
(1) The Secretary is to cause to be registered each legislative instrument
lodged under subsection 25(1) and each explanatory statement lodged under
subsection 26(1).
(2) The regulations may specify the procedure to be followed in
registering a legislative instrument lodged under subsection 25(1) or an
explanatory statement lodged under subsection 26(1).
Note: Section 31 describes what happens if a
legislative instrument required to be registered under this Division is not
registered as required.
If:
(a) a legislative instrument was made before the commencing day;
and
(b) the legislative instrument is not required to be treated under
subsection 55(2) as if it had been made on the commencing day; and
(c) the legislative instrument is in force;
the legislative instrument must, unless it has already been registered, be
registered under this Division.
(1) If:
(a) a legislative instrument is required to be registered under
section 28; and
(b) the legislative instrument is made during a period referred to in the
table below;
the rule-maker must, unless the regulations otherwise provide, before the
day set out in the table in respect of the period, lodge for registration, in
electronic form, with the Department:
(c) the legislative instrument; and
(d) if the legislative instrument amends another legislative instrument
(the principal legislative instrument) that has not already
been registered:
(i) the principal legislative instrument; and
(ii) each other legislative instrument (if any) that is required to be
registered under this Division and that amends the principal legislative
instrument.
|
Lodgment of legislative instruments made before commencing
day |
||
|---|---|---|
|
Item |
Period within which legislative instrument made |
Day before which lodgment required |
|
1 |
The period of 5 years ending immediately before the commencing
day |
The first day of the 12th month after the commencing day |
|
2 |
The period ending immediately before the start of the period referred to in
item 1 |
The first day of the 36th month after the commencing day |
(2) If:
(a) a legislative instrument is made on or after the commencing day;
and
(b) the legislative instrument amends another legislative instrument (the
principal legislative instrument) made before the commencing day
that has not already been registered;
the rule-maker must, unless the regulations otherwise provide, before the
day determined in accordance with subsection (4), lodge for registration,
in electronic form, with the Department:
(c) the principal legislative instrument; and
(d) any other legislative instrument made before the commencing day that
is required to be registered under this Division and that amends the principal
legislative instrument.
(3) At the time of, or as soon as practicable after, the lodgment of the
legislative instrument, or each legislative instrument, required to be lodged
under subsection (1) or (2), the rule-maker must also lodge:
(a) the original legislative instrument; or
(b) if the rule-maker cannot comply with paragraph (a)—a
certified true copy of the original legislative instrument; or
(c) if:
(i) the rule-maker cannot comply with paragraph (a) or (b);
and
(ii) the enabling legislation required that the full text of the original
instrument be published in the Gazette or elsewhere;
the full text of that original legislative instrument as so published;
or
(d) if the rule-maker cannot comply with paragraph (a), (b) or
(c)—such other evidence of the text of the original legislative instrument
as the Secretary considers acceptable.
(4) For the purposes of subsection (2), the day by which instruments
must be lodged for registration is:
(a) the day that would have been determined under subsection (1) if
there had been no amendment of the principal legislative instrument (within the
meaning of that subsection) after the commencing day; or
(b) the day occurring 28 days, or such longer period as the regulations
provide, after the registration of the first-mentioned legislative instrument in
subsection (2);
whichever first occurs.
(5) Subsection 32(3) (which provides for some legislative instruments to
continue in force even if they are not lodged for registration as required by
this section) does not affect the requirements of this section. This subsection
is for the avoidance of doubt.
(1) The Secretary is to cause to be registered each instrument lodged
under section 29.
Note: Section 32 describes what happens if a
legislative instrument required to be registered under this Division is not
lodged for registration on or before the last day for lodging the instrument for
registration.
(2) The regulations may specify the procedure to be followed in
registering legislative instruments lodged under section 29.
(1) A legislative instrument that is required to be registered under
Division 2 is not enforceable by or against the Commonwealth, or by or
against any other person or body, unless the instrument is registered.
Note: Division 2 deals with the registration of
legislative instruments made on or after the commencing day.
(2) If:
(a) a legislative instrument is required to be registered under
Division 2; and
(b) because of technical difficulties the instrument is temporarily unable
to be so registered;
the Secretary may cause the instrument to be published in full in the
Gazette.
(3) If the Secretary causes a legislative instrument to be published in
the Gazette in the circumstances referred to in
subsection (2):
(a) this Act has effect as if the instrument had been registered at the
time when it was published in the Gazette; and
(b) the Secretary must, as soon as practicable after the instrument is
able to be entered in the Register, cause the instrument to be so entered with
an annotation as to the day and time at which the instrument is taken to have
been registered.
(1) This section applies to a legislative instrument if:
(a) the instrument is required to be registered under Division 3;
and
(b) the instrument is not lodged for registration on or before the last
day for lodging the instrument for registration (the last lodgment
day) worked out under section 29.
Note: Division 3 deals with the registration of certain
legislative instruments made before the commencing day.
(2) On the day after the last lodgment day, the instrument:
(a) ceases to be enforceable by or against the Commonwealth, or by or
against any other person or body; and
(b) is taken to have been repealed by this Act.
(3) Despite subsection (2), and, if the operation of subsection 12(2)
would otherwise cause the instrument not to have taken effect, despite that
subsection, the instrument is taken to have continued in force after the last
lodgment day if:
(a) the instrument is connected with the collection of revenue;
and
(b) the Attorney-General certifies in writing that:
(i) he or she is satisfied that the responsible officer was unaware of the
requirement to register the instrument; and
(ii) in the circumstances it was reasonable for the responsible officer to
be unaware of the requirement; and
(c) the instrument is lodged for registration within 28 days after the
responsible officer becomes aware of the requirement for registration.
(4) For the purposes of subsection (3), the responsible
officer for a legislative instrument is:
(a) if the enabling legislation for the instrument is a taxation law (as
defined in the Taxation Administration Act 1953)—the Commissioner
of Taxation; or
(b) if the enabling legislation is a law of customs (as defined in the
Customs Administration Act 1985)—the Chief Executive Officer of
Customs; or
(c) if the enabling legislation for the instrument is not described in
paragraph (a) or (b)—the Secretary of the Department that is
administered by the responsible Minister.
(1) Subject to subsections (2) and (3), if a legislative instrument
(the principal legislative instrument) is amended:
(a) by an Act; or
(b) by another legislative instrument (the amending legislative
instrument);
the Secretary must cause to be registered a compilation, in electronic
form, in relation to the principal legislative instrument, as soon as
practicable:
(c) after the provision or provisions of that Act that amend
that instrument have commenced; or
(d) after the amending legislative instrument is registered and has
commenced.
(2) If:
(a) the Secretary causes a compilation to be registered in relation to a
principal legislative instrument; and
(b) an amending legislative instrument, the effect of which is
incorporated within the compilation, is subsequently disallowed, in whole or in
part; and
(c) the effect of the disallowance is that:
(i) a compilation is no longer required because the principal legislative
instrument is no longer amended in any respect; or
(ii) a compilation is still required but the compilation as registered
ceases to represent the state of the law;
the Secretary must:
(d) if a compilation is no longer required—cause the Register to be
annotated to explain why a compilation is no longer required; and
(e) if a compilation is still required but the compilation as registered
ceases to represent the state of the law:
(i) cause the Register to be annotated to explain why the compilation as
registered has ceased to represent the state of the law; and
(ii) cause to be registered, with effect from the date of the
disallowance, a new compilation taking account of that disallowance.
(3) Subsections (1) and (2) do not require the registration of a
compilation in relation to a principal legislative instrument until the
registration of that principal legislative instrument occurs.
(1) If:
(a) a rule-maker is required to lodge for registration a legislative
instrument; and
(b) the legislative instrument amends another legislative instrument (the
principal legislative instrument);
the Secretary may, by written notice given to the rule-maker of the
amending instrument:
(c) require the rule-maker to lodge a compilation, in electronic form, in
relation to the principal legislative instrument; and
(d) if other legislative instruments also amend the principal legislative
instrument with effect from the same time—require the compilation to
incorporate the text of those other legislative instruments.
(2) If an Act amends a legislative instrument (the principal
legislative instrument), the Secretary may, by written notice given to
the rule-maker of the principal legislative instrument, require the rule-maker
to lodge a compilation, in electronic form, in relation to the principal
legislative instrument.
(3) If:
(a) a compilation in relation to a legislative instrument (the
principal legislative instrument) has been registered;
and
(b) the Secretary is satisfied that, because of the disallowance, in whole
or in part, of a legislative instrument amending the principal legislative
instrument, the compilation as registered has ceased to represent the state of
the law;
the Secretary may, by written notice given to the rule-maker of the
legislative instrument that has been wholly or partly disallowed, require the
rule-maker to lodge a revised compilation, in electronic form, in relation to
the principal legislative instrument that takes account of the
disallowance.
(4) A notice under subsection (1) must require the lodgment of the
compilation concerned as soon as practicable after lodgment for registration of
the amending legislative instrument or the principal legislative instrument,
whichever last occurs.
(5) A notice under subsection (2) must require the lodgment of the
compilation concerned as soon as practicable after the coming into force of the
provision or provisions of the amending Act or the lodgment for registration of
the principal legislative instrument, whichever last occurs.
(6) A notice under subsection (3) must require the lodgment of the
compilation concerned as soon as practicable after the giving of the
notice.
Any compilation, in relation to a legislative instrument (the
principal legislative instrument), that is registered, must
include the following information:
(a) a reference to the Act or legislative instrument by which each
amendment was made to the principal legislative instrument;
(b) the amending history of each provision in the principal legislative
instrument as amended by each Act or amending legislative instrument covered by
the compilation;
(c) the date the compilation was prepared;
(d) such further information as is specified in the
regulations.
(1) If, before the commencing day, an electronic database comprising the
text of:
(a) instruments that, on that day, will be legislative instruments within
the meaning of subsection 4(1); and
(b) documents that, on that day, will be compilations, in relation to
legislative instruments, within the meaning of subsection 4(1);
is established within the Department in anticipation of the enactment of
this Act, that database becomes, on that day, the Federal Register of
Legislative Instruments established by section 20.
(2) If:
(a) before the commencing day, the text of an instrument referred to in
subsection (1) is included in the database referred to in that subsection;
and
(b) the instrument will, on the commencing day, be a legislative
instrument to which section 28 applies;
that instrument is to be taken, on that day, to have been registered under
Division 3 of this Part despite its inclusion in the database with effect
from an earlier day.
(3) If:
(a) before the commencing day, the text of a compilation referred to in
subsection (1) is included in the database referred to in that subsection;
and
(b) the compilation will, on the commencing day, be a compilation to which
section 33 applies;
that compilation is to be taken, on that day, to have been registered under
Division 5 of this Part despite its inclusion in the database with effect
from an earlier day.
(4) For the purpose only of facilitating access to rules of court to which
section 9 applies:
(a) the reference in subsection (1) to instruments that, on the
commencing day, will be legislative instruments is to be taken to include a
reference to such rules; and
(b) such rules are, if included in the electronic database of the text of
instruments referred to in that subsection, to be taken on that day to have been
registered under Division 3 of this Part as that Division is applied in
relation to such rules.
The purpose of this Part is to facilitate the scrutiny by the Parliament
of registered legislative instruments and to set out the circumstances and
manner in which such instruments, or provisions of such instruments, may be
disallowed, as well as the consequences of such disallowance.
Note: Section 44 provides that certain instruments are
exempted from the operation of sections 42 and 43
(1) The Department must arrange for a copy of each legislative instrument
registered under Division 2 of Part 4 to be delivered to each House of
the Parliament to be laid before each House within 6 sitting days of that House
after the registration of the instrument.
(2) For the avoidance of doubt, subsection (1) applies in relation to
any legislative instrument made on or after the commencing day even though the
enabling legislation for legislative instruments of that kind:
(a) may have been enacted or made before the commencing day; and
(b) may have provided that legislative instruments of that kind are not
disallowable.
(3) If a copy of a legislative instrument that is required to be laid
before each House of the Parliament is not so laid in accordance with this
section, the legislative instrument ceases to have effect immediately after the
last day for it to be so laid.
(1) If a rule-maker lodges an explanatory statement relating to a
legislative instrument:
(a) at the time of lodging the legislative instrument for registration;
or
(b) at a later time before a copy of the legislative instrument is
delivered to each House of the Parliament to be laid before it;
the Department must also arrange for the delivery to that House, to be laid
before it, with the copy of that legislative instrument, a copy of that
explanatory statement.
(2) If a rule-maker fails to lodge an explanatory statement relating to a
legislative instrument with the Department before the Department arranges for a
copy of the legislative instrument to be delivered to a particular House of the
Parliament, the rule-maker must, as soon as possible, deliver to that House, to
be laid before it:
(a) a copy of the explanatory statement; and
(b) a written statement why the explanatory statement was not provided to
the Department in time to be delivered to the House with the legislative
instrument.
The regulations may specify the manner, which may include delivery by an
electronic means, by which documents required to be laid before a House of the
Parliament in accordance with section 38 or 39 may be delivered to that
House for that purpose.
A House of the Parliament may, at any time while a legislative instrument
is subject to disallowance, require any document incorporated by reference in
the instrument to be made available for inspection by that House:
(a) at a place acceptable to the House; and
(b) at a time specified by the House.
(1) If:
(a) notice of a motion to disallow a legislative instrument or a provision
of a legislative instrument is given in a House of the Parliament within 15
sitting days of that House after a copy of the instrument was laid before that
House; and
(b) within 15 sitting days of that House after the giving of that notice,
the House passes a resolution, in pursuance of the motion, disallowing the
instrument or provision;
the instrument or provision so disallowed then ceases to have
effect.
(2) If:
(a) notice of a motion to disallow a legislative instrument or a provision
of a legislative instrument is given in a House of the Parliament within 15
sitting days of that House after a copy of the instrument was laid before that
House; and
(b) at the end of 15 sitting days of that House after the giving of that
notice of motion:
(i) the notice has not been withdrawn, the motion has not been called on,
and the House has not passed a resolution deferring its consideration;
or
(ii) the motion has been called on, moved and seconded and has not been
withdrawn or otherwise disposed of;
the instrument or provision specified in the motion is then taken to have
been disallowed and ceases at that time to have effect.
(3) If:
(a) notice of a motion to disallow a legislative instrument or a provision
of a legislative instrument is given in a House of the Parliament within 15
sitting days of that House after a copy of the instrument was laid before that
House; and
(b) before the end of 15 sitting days of that House after the giving of
that notice of motion, the House of Representatives is dissolved or expires, or
the Parliament is prorogued; and
(c) at the time of the dissolution, expiry or prorogation, as the case may
be:
(i) the notice has not been withdrawn, the motion has not been called on,
and the House has not passed a resolution deferring its consideration;
or
(ii) the motion has been called on, moved and seconded and has not been
withdrawn or otherwise disposed of;
the legislative instrument is taken, for the purposes of
subsections (1) and (2), to have been laid before the first-mentioned House
on the first sitting day of that first-mentioned House after the dissolution,
expiry or prorogation, as the case may be.
(1) This section applies to a legislative instrument if:
(a) notice of a motion to disallow the legislative instrument or a
provision of the legislative instrument is given in a House of the Parliament
within 15 sitting days of that House after a copy of the instrument was laid
before that House; and
(b) within 15 sitting days of that House after the giving of that notice,
the House passes a resolution deferring consideration of the motion for a period
specified in the resolution (the deferral period) starting
at the passing of the resolution and not exceeding 6 months; and
(c) the resolution is expressed to defer consideration of the motion so as
to enable the remaking or the amendment of the instrument or provision within
the deferral period to achieve an objective specified in the
resolution.
(2) If:
(a) notice of a motion to disallow a legislative instrument to which this
section applies or a provision of such a legislative instrument is given in a
House of the Parliament before the end of the first sitting day of that House
after the end of the deferral period; and
(b) at the end of 15 sitting days of that House after the giving of that
notice of motion:
(i) the notice has not been withdrawn and the motion has not been called
on; or
(ii) the motion has been called on, moved and seconded and has not been
withdrawn or otherwise disposed of;
the instrument or provision specified in the motion is then taken to have
been disallowed and ceases at that time to have effect.
(3) If:
(a) notice of a motion to disallow a legislative instrument to which this
section applies or a provision of such a legislative instrument is given in a
House of the Parliament within 15 sitting days of that House after a copy of the
instrument was laid before that House; and
(b) before the end of the deferral period applicable to that notice of
motion the House of Representatives is dissolved or expires, or the Parliament
is prorogued; and
(c) at the time of the dissolution, expiry or prorogation, as the case may
be:
(i) the notice has not been withdrawn and the motion has not been called
on; or
(ii) the motion has been called on, moved and seconded and has not been
withdrawn or otherwise disposed of;
the legislative instrument is taken, for the purposes of subsections 42(1)
and (2), to have been laid before the first-mentioned House on the first sitting
day of that first-mentioned House after the dissolution, expiry or prorogation,
as the case may be.
(4) When a new instrument is made to remake or amend the instrument to
which this section applies as referred to in paragraph (1)(c):
(a) the rule-maker is required to lodge the instrument with the Department
for registration in accordance with the requirements of this Act; and
(b) the explanatory statement to be lodged with the Department concerning
the instrument must indicate whether the instrument has been prepared in
accordance with this section to achieve an objective specified in the resolution
deferring consideration; and
(c) the Department must arrange for the delivery of the instrument and the
related explanatory statement to each House of the Parliament.
(1) Sections 42 and 43 do not apply in relation to a legislative
instrument, or a provision of a legislative instrument, made on or after the
commencing day, if the enabling legislation for the instrument (not being the
Corporations Act 2001):
(a) facilitates the establishment or operation of an intergovernmental
body or scheme involving the Commonwealth and one or more States; and
(b) authorises the instrument to be made by the body or for the purposes
of the body or scheme;
unless the enabling legislation has the effect that the instrument is
disallowable.
(2) Sections 42 and 43 do not apply in relation to a legislative
instrument, or a provision of a legislative instrument, that is included in the
table below unless the instrument or provision is subject to disallowance under
its enabling legislation:
|
Legislative instruments that are not subject to
disallowance |
|
|---|---|
|
Item |
Particulars of instrument |
|
1 |
Declarations under paragraph 5A(2)(d) or (e) of the Australian
Citizenship Act 1948 |
|
2 |
Determinations specifying drugs, made under section 4A of the
Australian Federal Police Act 1979 |
|
3 |
Statutes made under the Australian National University Act 1991 or
rules or orders made under those statutes |
|
4 |
Instruments made under section 32 of the Australian Postal
Corporation Act 1989 |
|
5 |
Rules made under section 60 of the Australian Research Council Act
2001 |
|
6 |
Standards issued under section 122 of the Broadcasting Services Act
1992 |
|
7 |
Amendments under section 128 of the Broadcasting Services Act 1992
to standards under Part 9 of that Act |
|
8 |
Fee waiver principles made under subsection 91(1A) of the Classification
(Publications, Films and Computer Games) Act 1995 |
|
9 |
Notifications under section 28 or 43 of the Commonwealth
Authorities and Companies Act 1997 |
|
10 |
Determinations made under paragraph 153J(1)(c), 153L(1)(c), 153P(2)(c) or
153Q(1)(c) of the Customs Act 1901 |
|
11 |
Revocations made under subsection 153K(3) or 153LA(3) of the Customs Act
1901 |
|
12 |
Instruments made under subsection 161J(2) or (3) of the Customs Act
1901 |
|
13 |
Tariff Concession Orders made under section 269P or 269Q of the
Customs Act 1901 |
|
14 |
Instruments made under section 269SC or 269SD of the Customs Act
1901 |
|
15 |
By-laws made under section 271 of the Customs Act 1901 for the
purposes of Schedule 4 to the Customs Tariff Act 1995 |
|
16 |
Revocations of Commercial Tariff Concession Orders to which section 20
of the Customs Legislation (Tariff Concessions and Anti-Dumping) Amendment
Act 1992 applies |
|
17 |
Instruments made under section 303CA, 344 or 350 of the Environment
Protection and Biodiversity Conservation Act 1999 |
|
18 |
By-laws made under section 165 of the Excise Act 1901 for the
purposes of the Excise Tariff within the meaning of section 4 of the
Excise Act 1901 |
|
19 |
Determinations made under subsection 20(3), agreements made under
section 31, directions given under section 32, or instructions given
under section 52, of the Financial Management and Accountability Act
1997 |
|
20 |
Determinations made under Order 6.2.1 of the Financial Management and
Accountability Orders 1997 made under section 63 of the Financial
Management and Accountability Act 1997 |
|
21 |
Guidelines issued under regulations made pursuant to section 64 of the
Financial Management and Accountability Act 1997 |
|
22 |
Proclamations made under section 5, warrants made under section 6
or rules made under section 7, of the Flags Act 1953 |
|
23 |
Proclamations made under subsection 31(1) or (3) of the Great Barrier
Reef Marine Park Act 1975 |
|
24 |
Guidelines issued under section 13 of the Higher Education Funding
Act 1988 |
|
25 |
Statutes made under the Maritime College Act 1978 or rules made
under those statutes |
|
26 |
Legislative instruments (other than regulations) under Part 1, 2 or 9
of the Migration Act 1958, or legislative instruments under Part 1,
2 or 5, or Schedule 1, 2, 4, 5A, 6, 6A or 8, of the regulations made under
that Act |
|
27 |
Declarations made by Ministers under section 32 of the Mutual
Recognition Act 1992 |
|
28 |
Instruments made under subsection 203AH(1) of the Native Title Act
1993 |
|
29 |
Directions issued under section 20 of the Parliamentary Service Act
1999 |
|
30 |
Instruments made under section 23 or subsection 24(3) of the
Parliamentary Service Act 1999 |
|
31 |
Access regimes made under section 12, variations of such access
regimes under section 14, revocation of access regimes made under
section 15, determinations and variations of standards under
section 18, or instruments made under section 25, of the Payment
Systems (Regulation) Act 1998 |
|
32 |
Directions issued under section 21 of the Public Service Act
1999 |
|
33 |
Instruments made under section 23 or subsection 24(3) of the Public
Service Act 1999 |
|
34 |
Instruments made under section 2A, 2B, or 12, subsection 13(1),
section 20B, subsection 26(2) or section 26A of the Quarantine Act
1908 |
|
35 |
Instruments made under subsection 60(1) or 106(1) of the
Radiocommunications Act 1992 |
|
36 |
Instruments made under subsection 463(1) of the Telecommunications Act
1997 |
|
37 |
Declarations made by Ministers under section 31 of the Trans-Tasman
Mutual Recognition Act 1997 |
|
38 |
Instruments made under Annual Appropriation Acts |
|
39 |
Instruments (other than regulations) relating to superannuation |
|
40 |
Legislative instruments that, in accordance with the provisions of the
enabling legislation, do not commence unless they are approved by either or both
of the Houses of the Parliament |
|
41 |
Ministerial directions to any person or body |
|
42 |
Proclamations that provide solely for the commencement of Acts or of
provisions of Acts |
|
43 |
Certificates issued by the Attorney-General under section 10 or 11, or
under subsection 51(1), of this Act |
|
44 |
Instruments that are prescribed by the regulations for the purposes of this
table |
(1) If a legislative instrument (the affected instrument),
or a provision of a legislative instrument (the affected
provision), ceases, at a particular time, to have effect under
subsection 38(3), 42(1) or (2) or 43(2), the operation of that subsection in
relation to the affected instrument or provision has the same effect as if the
affected instrument or provision had been repealed with effect from that
time.
(2) If:
(a) the affected instrument or provision ceases, at a particular time, to
have effect under subsection 38(3), 42(1) or (2) or 43(2); and
(b) the affected instrument or provision repealed, in whole or in part,
another legislative instrument or law, or a provision of another legislative
instrument or law, that was in force immediately before the time when the
affected instrument or provision commenced;
the operation of that subsection has the effect of reviving the other
legislative instrument, law or provision, from that first-mentioned time, as if
the affected instrument or provision had not been made.
(3) Subsection (2) does not have the effect of reviving a legislative
instrument, law or provision if, before the date when it would have been
revived, it would have ceased to have effect under Part 6 had it not been
repealed.
(1) If a legislative instrument (the original legislative
instrument) has been registered, no legislative instrument the same in
substance as the original legislative instrument is to be made during the period
defined by subsection (2) unless both Houses of the Parliament by
resolution approve the making of an instrument the same in substance as the
original legislative instrument.
(2) The period referred to in subsection (1) is the period starting
on the day on which the original legislative instrument was registered and
ending at the end of 7 days after:
(a) if the original legislative instrument has been laid, in accordance
with subsection 38(1), before both Houses of the Parliament on the same
day—that day; or
(b) if the original legislative instrument was so laid before both Houses
on different days—the later of those days; or
(c) if the original legislative instrument has not been so laid before
both Houses—the last day on which subsection 38(1) could have been
complied with.
(3) An instrument made in contravention of this section has no
effect.
(1) If notice of a motion to disallow a legislative instrument, or a
provision of a legislative instrument, has been given in a House of the
Parliament within 15 sitting days after the instrument has been laid before that
House, a legislative instrument, or a provision of a legislative instrument,
that is the same in substance as the first-mentioned instrument or provision,
must not be made unless:
(a) the notice has been withdrawn; or
(b) the instrument or provision is taken to have been disallowed under
subsection 42(2) or 43(2); or
(c) the motion has been withdrawn or otherwise disposed of; or
(d) subsection 42(3) or 43(3) has applied in relation to the
instrument.
(2) If:
(a) because of subsection 42(3) or 43(3), a legislative instrument is
taken to have been laid before a House of the Parliament on a particular day;
and
(b) notice of a motion to disallow the instrument or a provision of the
instrument has been given in that House within 15 sitting days after that
day;
a legislative instrument, or a provision of a legislative instrument, that
is the same in substance as the first-mentioned instrument or provision must not
be made unless:
(c) the notice has been withdrawn; or
(d) the first-mentioned instrument or provision is taken to have been
disallowed under subsection 42(2) or 43(2); or
(e) the motion has been withdrawn or otherwise disposed of; or
(f) subsection 42(3) or 43(3) has applied again in relation to the
first-mentioned instrument.
(3) A legislative instrument or a provision of a legislative instrument
made in contravention of this section has no effect.
(4) This section does not limit the operation of section 46 or
48.
(5) If a legislative instrument or a provision of a legislative instrument
has been the subject of a resolution under subsection 43(1), this section does
not prevent the making of an instrument whose sole effect is to remake or amend
the legislative instrument or provision so as to achieve an objective specified
in that resolution.
(1) If, under section 42 or 43, a legislative instrument or a
provision of a legislative instrument is disallowed, or is taken to have been
disallowed, a legislative instrument, or a provision of a legislative
instrument, that is the same in substance as the first-mentioned instrument or
provision, must not be made within 6 months after the day on which the
first-mentioned instrument or provision was disallowed or was taken to have been
disallowed, unless:
(a) if the first-mentioned instrument or provision was disallowed by
resolution—the resolution has been rescinded by the House of the
Parliament by which it was passed; or
(b) if the first-mentioned instrument or provision was taken to have been
disallowed—the House of the Parliament in which notice of the motion to
disallow the instrument or provision was given by resolution approves the making
of a legislative instrument or provision the same in substance as the
first-mentioned instrument or provision.
(2) Any legislative instrument or provision made in contravention of this
section has no effect.
The purpose of this Part is to ensure that legislative instruments are
kept up to date and only remain in force for so long as they are
needed.
Note: Section 54 provides that certain instruments are
exempted from the operation of this Part.
(1) Subject to subsection 51(1), if a legislative instrument to which this
Part applies (the principal legislative instrument):
(a) is made before the commencing day and does not amend an earlier
legislative instrument that continues in force after the making of the principal
legislative instrument; and
(b) is required to be lodged for registration before a day (the
deadline day) determined in accordance with
section 29;
then:
(c) the principal legislative instrument; and
(d) the provisions of any other legislative instrument (whether or not
made before the commencing day) that amend, or otherwise affect the operation
of, the principal legislative instrument;
as in force immediately before whichever of 1 April or 1 October
falls on, or next follows, the tenth anniversary of the deadline day, cease to
be in force on that 1 April or 1 October as if they had been repealed
by another legislative instrument.
(2) Subject to subsection 51(1), if a legislative instrument to which this
Part applies (the principal legislative instrument) is made on or
after the commencing day and does not amend an earlier legislative instrument
that continues in force after the making of the principal legislative
instrument, then:
(a) the principal legislative instrument; and
(b) the provisions of any other legislative instrument that amend, or
otherwise affect the operation of, the principal legislative
instrument;
as in force immediately before whichever of 1 April or 1 October
falls on, or next follows, the tenth anniversary of the day of commencement of
the principal legislative instrument, cease to be in force on that 1 April
or 1 October as if they had been repealed by another legislative
instrument.
(3) Subject to subsection 51(1), if a legislative instrument to which this
Part applies (the partially amending legislative instrument)
contains:
(a) provisions that amend an earlier legislative instrument that continues
in force after the making of the partially amending legislative instrument;
and
(b) other provisions that do not amend an earlier legislative
instrument;
then:
(c) the provisions of the partially amending legislative instrument that
do not amend an earlier legislative instrument; and
(d) the provisions of any other legislative instrument that amend, or
otherwise affect, the operation of the provisions referred to in
paragraph (c);
as in force immediately before whichever of 1 April or 1 October
falls on, or next follows, the tenth anniversary of a day (the critical
day) in relation to the partially amending legislative instrument,
determined in accordance with subsection (4), cease to be in force on that
1 April or 1 October as if they had been repealed by another
legislative instrument.
(4) For the purposes of subsection (3):
(a) if a partially amending legislative instrument is made before the
commencing day—the critical day in relation to that instrument is the day
on which, under section 29, it is required to be lodged for registration;
and
(b) if a partially amending legislative instrument is made on or after the
commencing day—the critical day in relation to that instrument is the date
of commencement of the provisions that do not amend an earlier legislative
instrument.
(5) If a principal legislative instrument referred to in
subsection (2) has 2 or more days of commencement, then, for the purposes
of that subsection, the day of commencement of that instrument is the earliest
of those days.
(6) If the provisions of a partially amending legislative instrument
referred to in subsection (3) that do not amend an earlier legislative
instrument have 2 or more days of commencement then, for the purposes of
subsection (4), the day of commencement of those provisions is the earliest
of those days.
(1) If:
(a) a legislative instrument or particular provisions of a legislative
instrument would be taken to cease to be in force under this Part (whether
because of the operation of subsection 50(1), (2) or (3) on a particular day
(the sunsetting day); and
(b) the Attorney-General is satisfied, on written application by the
rule-maker:
(i) that the instrument or provisions would (apart from the operation of
this Part) be likely to cease to be in force within 12 months after the
sunsetting day; or
(ii) that an instrument proposed to be made in substitution for the
instrument or provisions will not be able to be completed before the sunsetting
day for reasons that the rule-maker could not have foreseen and avoided or
because the dissolution or expiration of the House of Representatives or the
prorogation of the Parliament renders it inappropriate to make a replacement
instrument before a new government is formed;
then:
(c) the Attorney-General may issue a certificate providing that the
first-mentioned instrument or provisions are taken to cease to be in force under
this section on whichever of the 1 April and 1 October next following
the sunsetting day the Attorney-General specifies as the more appropriate;
and
(d) if the Attorney-General issues the certificate, the first-mentioned
instrument or provisions are taken to cease to be in force on the specified day
instead of the sunsetting day as if repealed by another legislative instrument,
unless they have earlier ceased to be in force.
(2) If the Attorney-General issues a certificate under
paragraph (1)(c), he or she must:
(a) include in the certificate a statement of the reasons for the issue of
a certificate; and
(b) cause a copy of the certificate to be laid before each House of the
Parliament not later than 6 sitting days of that House after the issue of the
certificate.
(3) A certificate issued under paragraph (1)(c) is a legislative
instrument and, as such, is required under Part 4 to be
registered.
(1) In this section:
list tabling day, in relation to a sunsetting day and to a
House of the Parliament, means the first sitting day of that House occurring
within 18 months before that sunsetting day.
principal legislative instrument means an instrument that is
a principal legislative instrument within the meaning of subsection 50(1) or
(2), whichever is appropriate.
sunsetting day means the first possible day on which any
legislative instrument will cease to be in force because of the operation of
this Part and each 1 April and 1 October occurring after that
day.
(2) The Attorney-General must arrange for the laying before each House of
the Parliament, on each list tabling day in relation to that House, of a list
of:
(a) the principal legislative instruments; and
(b) the provisions (if any) of other legislative instruments that amend or
otherwise affect, the operation of those principal legislative
instruments;
that will, because of the operation of section 50 or 51, cease to be
in force on the sunsetting day to which that list tabling day relates.
(3) As soon as practicable after the laying before either House of the
Parliament of a list in accordance with subsection (2), the Department must
arrange for a copy of that list to be provided to the rule-maker responsible for
each principal legislative instrument, and each provision of a legislative
instrument, appearing on the list.
(4) If subsection (2) requires the Attorney-General to arrange for
the laying of a list of the kind referred to in that subsection before the
Houses of the Parliament on different days, subsection (3) need only be
complied with in relation to the earlier of those days.
(1) Either House of the Parliament may, by resolution passed within 6
months after:
(a) the laying before that House, under subsection 52(2), of a list;
or
(b) the laying before that House, under subsection 51(2), of a copy of a
certificate issued under paragraph 51(1)(c);
indicate the legislative instruments and provisions of legislative
instruments on that list or referred to in that certificate (selected
instruments or provisions) that that House considers should continue in
force.
(2) A selected instrument or provision continues in force, subject to any
later instrument amending or repealing it, as if it had been remade on the date
on which if the resolution had not been passed, it would cease to be in
force.
(1) This Part does not apply in relation to a legislative instrument made
before, on or after the commencing day, if the enabling legislation for the
instrument (not being the Corporations Act 2001):
(a) facilitates the establishment or operation of an intergovernmental
body or scheme involving the Commonwealth and one or more States; and
(b) authorises the instrument to be made by the body or for the purposes
of the body or scheme.
(2) This Part does not apply to any legislative instrument that is
included in the table below:
|
Legislative instruments that are not subject to sunsetting |
|
|---|---|
|
Item |
Particulars of instrument |
|
1 |
Instruments made under section 8 or 9 of the Aboriginal Land Grant
(Jervis Bay Territory) Act 1986 |
|
2 |
Instruments relating to aviation security made under the Air Navigation
Act 1920 or under the regulations made under that Act |
|
3 |
Instruments relating to aviation safety made under the Air Services Act
1995 or the Air Services Regulations |
|
4 |
National Capital Plan made under the Australian Capital Territory
(Planning and Land Management) Act 1988 |
|
5 |
Determinations specifying drugs, made under section 4A of the
Australian Federal Police Act 1979 |
|
6 |
Statutes made under the Australian National University Act 1991 or
rules or orders made under those statutes |
|
7 |
Instruments made under section 32 of the Australian Postal
Corporation Act 1989 |
|
8 |
Instruments made under section 25 or 26 of the Broadcasting
Services Act 1992 |
|
9 |
Instruments relating to aviation safety made under the Civil Aviation
Act 1988, the Civil Aviation Regulations 1988 or the Civil
Aviation Safety Regulations 1998 |
|
10 |
Fee waiver principles made under subsection 91(1A) of the Classification
(Publications, Films and Computer Games) Act 1995 |
|
11 |
Notifications under section 28 or 43 of the Commonwealth
Authorities and Companies Act 1997 |
|
12 |
Determinations made under paragraph 153J(1)(c), 153L(1)(c), 153P(2)(c) or
153Q(1)(c) of the Customs Act 1901 |
|
13 |
Revocations made under subsection 153K(3) or 153LA(3) of the Customs Act
1901 |
|
14 |
Instruments made under subsection 161J(2) or (3) of the Customs Act
1901 |
|
15 |
Instruments made under section 178, 181, 183, 184, 207A, 248, 249,
303CA, 303DB, 303DC, 303EB, 303EC, 303FG, 344 or 350 of the Environment
Protection and Biodiversity Conservation Act 1999 |
|
16 |
Excise By-law No. 75, 114, 127, 129, 151 or 154 made under
section 165 of the Excise Act 1901 |
|
17 |
Determinations made under subsection 20(1), (2) or (3), agreements made
under section 31, directions given under section 32, or instructions
given under section 52, of the Financial Management and Accountability
Act 1997 |
|
18 |
Determinations made under Order 6.2.1 of the Financial Management and
Accountability Orders 1997 made under section 63 of the Financial
Management and Accountability Act 1997 |
|
19 |
Guidelines issued under regulations made pursuant to section 64 of the
Financial Management and Accountability Act 1997 |
|
20 |
Plans of management made under section 17 of the Fisheries
Management Act 1991 and instruments amending such plans made under
section 20 of that Act |
|
21 |
Proclamations made under section 5, warrants made under
section 6, or rules made under section 7, of the Flags Act
1953 |
|
22 |
Proclamations made under section 31 of the Great Barrier Reef
Marine Park Act 1975, zoning plans prepared under section 32 of that
Act, instruments made under section 37 of that Act amending or revoking
such zoning plans, plans of management prepared in accordance with Part VB
of that Act, instruments made under section 39ZG of that Act amending such
plans of management, or instruments made under section 39ZH of that Act
revoking such plans of management |
|
23 |
Statutes made under the Maritime College Act 1978 or rules made
under those statutes |
|
24 |
Instruments made under section 7 or 9 of the Motor Vehicle
Standards Act 1989 |
|
25 |
Declarations made by Ministers under section 32 of the Mutual
Recognition Act 1992 |
|
26 |
Instruments made under subparagraph 26(1)(c)(iv), subsection 26A(1), 26B(1)
or 26C(2), paragraph 43(1)(b) or 43A(1)(b), section 203AD, 203AE, 203AF or
203AG, subsection 203AH(1) or (2), 207A(1), 207B(3), 245(4) or 251C(4) or (5),
or paragraph (i) of the definition of infrastructure facility
in section 253, of the Native Title Act 1993 |
|
27 |
Instruments made under section 421, or Marine Orders made under
subsection 425(1AA), of the Navigation Act 1912 |
|
28 |
Navigation (Collision) Regulations 1982 made pursuant to
section 258, or Navigation (Orders) Regulations 1980 made pursuant
to subsection 425(1), of the Navigation Act 1912 |
|
29 |
Directions issued under section 20 of the Parliamentary Service Act
1999 |
|
30 |
Instruments made under section 23 or subsection 24(3) of the
Parliamentary Service Act 1999 |
|
31 |
Approvals made under section 9 of the Payment Systems and Netting
Act 1998 |
|
32 |
Access regimes imposed under section 12, variations of access regimes
under section 14, revocation of access regimes under section 15,
standards determined, or instruments varying or revoking such standards, under
section 18, or instruments made under section 25, of the Payment
Systems (Regulation) Act 1998 |
|
33 |
Marine Orders made under subsection 24(1) of the Protection of the Sea
(Powers of Intervention) Act 1981 |
|
34 |
Protection of the Sea (Powers of Intervention) Regulations made under
section 23 of the Protection of the Sea (Powers of Intervention) Act
1981 |
|
35 |
Marine Orders made under subsection 34(1) of the Protection of the Sea
(Prevention of Pollution from Ships) Act 1983 |
|
36 |
Protection of the Sea (Prevention of Pollution from Ships) (Orders)
Regulations 1994 made under subsection 33(1) of the Protection of the Sea
(Prevention of Pollution from Ships) Act 1983 |
|
37 |
Directions issued under section 21 of the Public Service Act
1999 |
|
38 |
Instruments made under section 23 or subsection 24(3) of the Public
Service Act 1999 |
|
39 |
Instruments required to be laid before the Parliament under subsection 7(7)
of the Remuneration Tribunal Act 1973 |
|
40 |
Declarations made by Ministers under section 31 of the Trans-Tasman
Mutual Recognition Act 1997 |
|
41 |
Instruments made under Annual Appropriation Acts |
|
42 |
Instruments (other than regulations) relating to superannuation |
|
43 |
Legislative instruments the sole purpose of which, or a primary purpose of
which, is to give effect to an international obligation of Australia |
|
44 |
Legislative instruments the sole purpose of which, or a primary purpose of
which, is to confer heads of power on a self-governing Territory |
|
45 |
Legislative instruments that establish a body having power to enter into
contracts for the purposes of the body’s functions |
|
46 |
Ministerial directions to any person or body |
|
47 |
Ordinances of the non self-governing Territories |
|
48 |
Proclamations that provide solely for the commencement of Acts or provision
of Acts |
|
49 |
Certificates issued by the Attorney-General under section 10 or 11 of
this Act |
|
50 |
Regulations made for the purposes of item 24 of the table in
subsection 7(1), item 44 of the table in subsection 44(2) or item 51
of this table |
|
51 |
Legislative instruments that are prescribed by the regulations for the
purposes of this table |
(1) This section applies to a legislative instrument made before the
commencing day:
(a) that was a disallowable instrument for the purposes of
section 46A of the Acts Interpretation Act 1901 as in force at any
time before the commencing day; or
(b) that was a statutory rule or other instrument able to be disallowed
under Part XII of the Acts Interpretation Act 1901 as in force at
any time before the commencing day; or
(c) that was otherwise required to be published, or to have notice of its
making published, in the Gazette.
(2) If a legislative instrument to which this section applies, or notice
of the making of such an instrument, had not been published in the
Gazette before the commencing day:
(a) that instrument is to be treated, for all purposes of this Act, as if
it had been made on the commencing day; and
(b) the obligations in relation to that instrument under the Acts
Interpretation Act 1901, and under the Statutory Rules Publication Act
1903, as in force immediately before the commencing day, cease to
apply;
but the tenor of the instrument is not affected.
(3) Despite subsection (2), section 39 does not apply in
relation to a legislative instrument described in that subsection.
(4) If a legislative instrument to which this section applies, or notice
of the making of such an instrument, had been published in the Gazette
before the commencing day, the obligations in relation to that instrument under
Part XII of the Acts Interpretation Act 1901, and under the
Statutory Rules Publication Act 1903, as in force at any time before the
commencing day, continue to apply in relation to that instrument as if that Part
and that Act had not been repealed.
(1) If the enabling legislation in relation to a legislative instrument as
in force at any time before the commencing day required the text of the
instrument, or particulars of its making, to be published in the Gazette,
the requirement for publication in the Gazette is taken, in relation to
any such instrument made on or after that day, to be satisfied if the instrument
is registered.
(2) If the enabling legislation in relation to a legislative instrument as
enacted, or as amended, at any time on or after the commencing day requires the
text of the instrument, or particulars of its making, to be published in the
Gazette, the requirement for publication in the Gazette is taken
in respect of any such instrument to be in addition to any requirement under
this Act for the instrument to be registered.
(1) Despite provisions in force immediately before the commencing day in
relation to a document that is a legislative instrument for the purposes of this
Act concerning:
(a) the time within which; and
(b) the means by which;
such an instrument is required to be laid before the Parliament,
compliance, on and after that day, with the requirements of this Act relating to
laying of instruments before the Parliament is taken to constitute full
compliance with the requirements of those first-mentioned provisions.
(2) Despite provisions in force immediately before the commencing day that
provide for the disallowance of a document that is a legislative instrument
(otherwise than because of the application, without modification, of the
disallowance provisions of Part XII of the Acts Interpretation Act
1901), the disallowance provisions of this Act are taken to apply, subject
to subsection (5), in respect of that document to the exclusion of those
other provisions.
(3) If provisions in force immediately before the commencing day in
relation to a document that is a legislative instrument specify particular
consequences that follow a particular circumstance, namely:
(a) the laying of that document, or the failure to lay that document,
before the Houses of the Parliament in accordance with those provisions;
or
(b) the disallowance or non-disallowance, in accordance with those
provisions, of a document that is so laid:
those same consequences follow a like circumstance under this Act,
namely:
(c) the laying of that document, or the failure to lay that document,
before the Houses of the Parliament in accordance with this Act; and
(d) the disallowance or non-disallowance of that document, in accordance
with this Act, of a document that is laid before the Houses of the Parliament in
accordance with this Act;
as if the circumstance referred to in paragraph (c) or (d) were a
circumstance referred to in paragraph (a) or (b).
(4) If provisions in force immediately before the commencing day in
relation to a document that is a legislative instrument:
(a) require the document to be laid before the Houses of the Parliament;
and
(b) specify particular requirements to be complied with before, or at the
same time as, that document is so laid;
those provisions continue to have effect, on and after the commencing day,
as if they were requirements to be complied with before, or at the same time as,
the document is laid before the Houses of the Parliament in accordance with this
Act.
Note: This subsection applies, for example, if the enabling
legislation in respect of a legislative instrument required that a report
concerning any such instrument be prepared and laid before the Parliament at the
same time as the instrument is so laid.
(5) If particular disallowance provisions of the kind referred to in
subsection (2) are prescribed as provisions to which subsection (2)
does not apply, then those provisions continue to apply, on and after the
commencing day, despite the provisions to different effect in sections 42
to 48 of Part 5 of this Act.
The Secretary may, by signed instrument, delegate to an APS employee who
is performing duty in the Department any of the powers or functions of the
Secretary under this Act other than this power of delegation.
(1) During the 3 months starting on the third anniversary of the
commencing day, the Attorney-General must appoint persons to a body to review
the operation of this Act.
(2) A person appointed to the body may resign from it by giving the
Attorney-General a signed notice of resignation.
(3) The body must review all aspects of the operation of this Act and any
related matters that the Attorney-General specifies.
(4) The body must give the Attorney-General a written report on the review
within 15 months after the third anniversary of the commencing day.
(5) The Attorney-General must cause the report to be laid before each
House of the Parliament within 6 sitting days of the House after the
Attorney-General receives the report.
(1) During the 3 months starting on the 12th anniversary of the commencing
day, the Attorney-General must appoint persons to a body to review the operation
of Part 6.
(2) A person appointed to the body may resign from it by giving the
Attorney-General a signed notice of resignation.
(3) The body referred to in subsection (1) must review all aspects of
the operation of Part 6 and any related matters that the Attorney-General
specifies.
(4) The body must give the Attorney-General a written report on the review
within 9 months after the 12th anniversary of the commencing day.
(5) The Attorney-General must cause the report to be laid before each
House of the Parliament within 6 sitting days of the House after the
Attorney-General receives the report.
Any reference in a law of the Commonwealth in force immediately before
the commencement of this Act, to:
(a) the Legislative Instruments Act 1994;
or
(b) the Legislative Instruments Act of any subsequent year before the year
featuring in the correct citation of this Act;
has effect, on and after the commencement of this Act, as if it were, and
had always been, a reference to this Act.
The Governor-General may make regulations prescribing all
matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.