LEGISLATIVE INSTRUMENTS ACT 2003 No. 139, 2003 - SECT 12 When do provisions of legislative instruments take effect?
LEGISLATIVE INSTRUMENTS ACT 2003 No. 139, 2003 - SECT 12
When do provisions of legislative instruments take effect?- (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 casethe 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)
- A legislative instrument, or a provision of a legislative instrument, has no effect if, apart from this subsection, it would take effect before the date it is registered and as a result:
(a) the rights of a person (other than the Commonwealth or an authority of the
Commonwealth) as at the date of registration would be affected so as to
disadvantage that person; or
(b) liabilities would be imposed on a person (other than the Commonwealth
or an authority of the Commonwealth) in respect of anything done or
omitted to be done before the date of registration.
- (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.