Commonwealth Numbered Acts Commonwealth Numbered Acts
"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.
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.
"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.
"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.
(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.
(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.