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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 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)
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.