Acts and Instruments (Framework Reform) Act 2015

Overview

The Acts and Instruments (Framework Reform) Act 2015 was enacted to amend the Legislative Instruments Act 2003 and various other acts, addressing the need for a streamlined and coherent framework for the registration, scrutiny, and management of legislative instruments and notifiable instruments within the Commonwealth. The Act was passed by the Parliament of Australia and seeks to enhance the accessibility and transparency of legislative instruments, which include regulations, rules, ordinances, or other instruments made under an Act. The Act introduces a unified system for the registration and management of Commonwealth Acts, legislative instruments, and notifiable instruments on the Federal Register of Legislation, which is maintained by the First Parliamentary Counsel. This centralised register is designed to provide a single point of reference for authorised versions of these instruments and related documents, ensuring that the public has access to accurate and up-to-date legal texts. Furthermore, the Act mandates that legislative instruments undergo appropriate consultation before they are made and establishes protocols for their tabling in Parliament and disallowance by either House. It also provides for the automatic repeal of legislative instruments that only amend, repeal, or commence other instruments, ensuring that the legislative framework remains current and relevant. The Act ensures that notifiable instruments, which do not require parliamentary scrutiny or sunsetting, are clearly defined and managed. Additionally, the Act introduces mechanisms for the sunsetting of legislative instruments after a fixed period, with exceptions for instruments declared by law to be exempt from this requirement. The Act aims to promote high drafting standards for legislative instruments and notifiable instruments, and it provides for the review of its operation to ensure effectiveness and alignment with legislative intent.

Scope and Application

The Acts and Instruments (Framework Reform) Act 2015 applies to all Commonwealth Acts, legislative instruments, and notifiable instruments. Legislative instruments are instruments that determine the law or alter its content, while notifiable instruments are those that are registered on the Federal Register of Legislation but are not subject to parliamentary scrutiny or automatic repeal. The Act amends the Legislative Instruments Act 2003, changing its short title to the Legislation Act 2003, and introduces new provisions for the registration and management of legislative and notifiable instruments on the Federal Register of Legislation. The Act also updates references to legislative instruments in other Acts and introduces machinery of government changes to ensure references in Acts and Commonwealth agreements continue to be relevant after changes to departments or ministers. This legislation applies nationally within the Commonwealth of Australia and includes provisions that may be extended or restricted through subordinate instruments such as regulations and rules. The Act’s provisions commenced on 5 March 2015, with the remainder of the Schedules coming into effect on 5 March 2016 or, if later, within 12 months from the Royal Assent date.

Key Provisions

• The Acts and Instruments (Framework Reform) Act 2015 (the Act) primarily revises the Legislative Instruments Act 2003 (LIA) and updates other specified Acts to reflect the change in the short title of the LIA to the Legislation Act 2003 (LA). The Act introduces several key provisions concerning legislative instruments, notifiable instruments, and the Federal Register of Legislation. Legislative instruments and notifiable instruments are registered on the Federal Register of Legislation, which is maintained by the First Parliamentary Counsel. The public can access authorised versions of registered Acts, legislative instruments, notifiable instruments, and compilations through an approved website. The First Parliamentary Counsel is tasked with ensuring the accuracy of the Register and may make editorial changes to the registered text if they do not alter the effect of the law. Legislative instruments are instruments that determine the law or alter its content, while notifiable instruments are those that are registered as such or prescribed by regulation, but do not include rules of court. The Act mandates consultation by rule-makers before making legislative instruments and requires legislative instruments to be tabled in Parliament, subject to disallowance. Legislative instruments are generally subject to automatic repeal if they merely provide for the amendment, repeal, or commencement of other instruments, or after ten years from their registration. Notifiable instruments, however, are not subject to automatic repeal or disallowance. The Act also provides for the repeal of certain spent instruments and provisions and the sunsetting of legislative instruments.
• The Act imposes several obligations on the parties involved. Rule-makers must ensure that any consultation deemed appropriate and reasonably practicable has taken place before making legislative instruments. They are also responsible for lodging instruments for registration, along with explanatory statements for legislative instruments. The First Parliamentary Counsel must register Acts, legislative instruments, and notifiable instruments, and ensure the Register of Legislation is accurate and up-to-date. The First Parliamentary Counsel has the authority to make editorial changes and other changes in preparing compilations if those changes do not affect the substance of the law. Responsible persons for Acts and rule-makers for legislative instruments or notifiable instruments must notify the First Parliamentary Counsel of events affecting the status of the Acts or instruments.
• Breaches of the Act may result in criminal or civil consequences. For instance, failure to comply with the requirements for registration, such as not lodging an instrument for registration, could render the instrument unenforceable. Legislative instruments that are not tabled in Parliament as required may also be subject to disallowance by either House. The Act provides for penalties for certain offences, including a fine of up to 5,000 penalty units for failing to make a legislative instrument subject to disallowance, or for making a legislative instrument that is not subject to disallowance but was not tabled. If a legislative instrument or provision of such an instrument is made within six months of a disallowance, without the approval of the relevant House, it has no effect. These provisions underline the importance of adhering to the legislative framework set by the Act to ensure the validity and enforceability of legislative and notifiable instruments.

Legal classification tags

Area of Law

Legislative Law

Instrument

Act

Concepts

Definitions & Interpretation

Commencement Provisions

Repeal & Amendment

Delegated & Subordinate Legislation

Enforcement Powers

Compliance Obligations

Consultation Requirements