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LEGISLATIVE INSTRUMENTS ACT 2003 NO. 139, 2003

Table of Provisions

PART 1--PRELIMINARY

  • 1 Short title  
  • 2 Commencement  
  • 2A Schedule(s)  
  • 3 Object  
  • 4 Definitions  
  • 5 Definition—a legislative instrument  
  • 6 Instruments declared to be legislative instruments  
  • 7 Instruments declared not to be legislative instruments  
  • 8 Definition—power delegated by the Parliament  
  • 9 Rules of court are not legislative instruments  
  • 10 Attorney-General may certify whether an instrument is legislative instrument or not  
  • 11 Reconsideration and review of Attorney-General's certificate  
  • 12 When do provisions of legislative instruments take effect?  
  • 13 Construction of legislative instruments  
  • 14 Prescribing matters by reference to other instruments  
  • 15 Effect of repeal of legislative instrument  

PART 2--DRAFTING STANDARDS

  • 16 Measures to achieve high drafting standards for legislative instruments  

PART 3--CONSULTATION BEFORE MAKING LEGISLATIVE INSTRUMENTS

  • 17 Rule-makers should consult before making legislative instruments  
  • 18 Circumstances where consultation may be unnecessary or inappropriate  
  • 19 Consequence of failure to consult  

PART 4--THE FEDERAL REGISTER OF LEGISLATIVE INSTRUMENTS

Division 1--The Register

Division 2--Registration of legislative instruments made, or treated as made, on or after commencing day

Division 3--Registration of certain legislative instruments made before commencing day

  • 28 Legislative instruments required to be registered under this Division  
  • 29 Lodgment for registration under this Division  
  • 30 Registration under this Division  

Division 4--Effect of registration

Division 5--Compilations

Division 6--Early backcapturing

  • 36 Inclusion in database established in anticipation of the enactment of this Act  

PART 5--PARLIAMENTARY SCRUTINY OF LEGISLATIVE INSTRUMENTS

  • 37 The purpose of the Part  
  • 38 Tabling of legislative instruments  
  • 39 Additional material to be tabled with the legislative instrument  
  • 40 Regulations may specify manner of delivery of certain documents  
  • 41 Incorporated material may be required to be made available  
  • 42 Disallowance of legislative instruments  
  • 44 Legislative instruments that are not subject to disallowance  
  • 45 Effect of a legislative instrument ceasing to have effect  
  • 46 Legislative instruments not to be remade while required to be tabled  
  • 47 Legislative instruments not to be remade while subject to disallowance  
  • 48 Disallowed legislative instruments not to be remade unless disallowance resolution rescinded or House approves  

PART 6--SUNSETTING OF LEGISLATIVE INSTRUMENTS

  • 49 The purpose of the Part  
  • 50 The sunsetting of legislative instruments to which this Part applies  
  • 51 Attorney-General may defer sunsetting in certain circumstances  
  • 52 Attorney-General must lay lists of instruments due for sunsetting before each House of the Parliament  
  • 53 Resolution that instruments continue in force  
  • 54 Instruments to which this Part does not apply  

PART 7--MISCELLANEOUS

  • 55 Instruments made but not finally dealt with before the commencing day  
  • 56 Relationship of certain gazettal requirements to registration requirements  
  • 57 Effect on existing tabling and disallowance requirements  
  • 58 Delegation  
  • 59 Review of operation of this Act  
  • 60 Review of operation of the sunsetting provisions  
  • 61 Existing references to Legislative Instruments Act  
  • 62 Regulations  

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