Commonwealth Consolidated Acts

LEGISLATIVE INSTRUMENTS ACT 2003 - SECT 4

             (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 indicates 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.