Acts and Instruments (Framework Reform) Act 2015 (Cth)
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This Act may be cited as the
Acts and Instruments (Framework Reform) Act 2015 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 5 March 2015 |
Schedules 1 to 3 | A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | 5 March 2016 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Repeal the title, substitute:
An Act providing for public access to Acts and instruments, for the making, parliamentary scrutiny and sunsetting of legislative instruments and for the repeal of spent instruments and provisions, and for other purposes.
Repeal the heading, substitute:
Omit “
Legislative Instruments Act 2003 ”, substitute “Legislation Act 2003 ”.Note 1: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the
Acts Interpretation Act 1901 ).
Note 2: See also Part 6 of this Schedule.
Repeal the section.
Omit “Commonwealth legislative instruments by”, substitute “Acts and instruments by”.
Repeal the paragraph, substitute:
(a) establishing the Federal Register of Legislation as a permanent repository of versions (including authorised versions) of Acts, legislative instruments, notifiable instruments and compilations, together with associated documents and information; and
(aa) enabling the First Parliamentary Counsel to make editorial changes and some other changes in preparing compilations of Acts, legislative instruments and notifiable instruments, if those changes do not change the effect of the Acts or instruments; and
After “legislative instruments”, insert “and notifiable instruments”.
Omit “legislative instruments”, substitute “Acts and instruments”.
Repeal the paragraph, substitute:
(ea) automatically repealing spent legislative instruments and notifiable instruments (or provisions of those instruments) that merely provide for the amendment, repeal or commencement of Acts or other instruments; and
Add:
; and (g) enabling regulations to be made under this Act amending or repealing legislative instruments and notifiable instruments in some circumstances.
Insert:
This Act provides for public access to Commonwealth Acts, legislative instruments and notifiable instruments. The Act also regulates other matters relating to legislative instruments and notifiable instruments.
Acts, legislative instruments and notifiable instruments, compilations and associated documents and information are registered on the Federal Register of Legislation. The public has online access (through an approved website) to authorised versions of registered Acts, instruments and compilations, and to associated documents and information.
The First Parliamentary Counsel maintains the Register and the approved website. The First Parliamentary Counsel is given the power to make editorial changes and some other changes to registered Acts and instruments in preparing compilations, if those changes do not change the effect of the Acts or instruments.
For legislative instruments and notifiable instruments, the Act deals with commencement, interpretation, incorporation of external material by reference and drafting standards.
Rule‑makers for legislative instruments must undertake appropriate and reasonably practicable consultation before the instruments are made. Generally, legislative instruments must be tabled in both Houses of Parliament and are generally subject to disallowance by either House.
Legislative instruments and notifiable instruments (or provisions of those instruments) are automatically repealed after their commencement if they merely provide for the amendment, repeal or commencement of Acts or other instruments. Legislative instruments are generally repealed automatically (sunsetted) no more than 10 years after being registered.
Repeal the sections, substitute:
In this Act:
amend : see subsection 5(1).
approved website : see section 15C.
authorised version , of a registered law or explanatory statement: see section 15ZA.
commencement instrument , in relation to an Act, legislative instrument or notifiable instrument, means an instrument providing solely for the commencement of:
(a) the Act or instrument; or
(b) a provision of the Act or instrument.
Example: A Proclamation providing solely for the commencement of an Act.
compilation , of an Act, legislative instrument or notifiable instrument, is a document showing the text of the Act or instrument:
(a) as amended (if at all) and in force on a day (the
compilation date ) stated in the document; or(b) as the Act or instrument would be amended and in force on a day (the
compilation date ) stated in the document, by amendments that have not commenced, if the document indicates that the amendments have not commenced; or(c) as the Act or instrument is, or would be, modified by an Act or an instrument, and in force on a day (the
compilation date ) stated in the document.Note: See Part 2 of Chapter 2 for the registration of compilations.
compilation date : see the definition ofcompilation in this section.
disallowable legislative instrument means a legislative instrument to which section 42 applies.Note: Section 42 provides for the parliamentary disallowance of legislative instruments. Section 42 does not apply to some legislative instruments (see section 44).
discretionary compilation event , for an Act, legislative instrument or notifiable instrument: see section 15Q.
editorial change , in relation to an Act, legislative instrument or notifiable instrument: see section 15X.
enabling legislation , in relation to a legislative instrument or notifiable instrument, means the primary law that authorises the making of the instrument.
explanatory statement for a legislative instrument: see section 15J.
Federal Register of Legislation means the register established and maintained under section 15A.
First Parliamentary Counsel means the person appointed to the position of First Parliamentary Counsel under subsection 4(1) of theParliamentary Counsel Act 1970 .
initial explanatory statement : see section 15J.
instrument means any writing or other document, and includes an instrument in electronic form.
legislative instrument : see section 8.Note: This term has the same meaning when used in other Acts and instruments: see the definition of
legislative instrument in section 2B of theActs Interpretation Act 1901 .
making , in relation to an instrument, means the signing, sealing or other endorsement of the instrument by the person or body empowered to make it.
modify : see subsection 5(2).
notifiable instrument : see section 11.Note: This term has the same meaning when used in other Acts and instruments: see the definition in section 2B of the
Acts Interpretation Act 1901 .
Office of Parliamentary Counsel means the office established by subsection 2(1) of theParliamentary Counsel Act 1970 .
power delegated by the Parliament : an instrument made under apower delegated by the Parliament includes:
(a) an instrument made under a power delegated by the Parliament to a person or body and then, under the authority of the Parliament, further delegated by that person or body to another person or body; and
(b) an instrument that may be made under a power delegated by the Parliament as well as under a power given otherwise by law.
Example: An instrument made under an Act as well as a prerogative power.
primary law means an Act or an instrument made under an Act, or a provision of an Act or an instrument made under an Act.
register means register on the Federal Register of Legislation.
registered law or explanatory statement : see section 15Z.
repeal , in relation to an instrument or a provision of an instrument, includes revoke or rescind the instrument or provision.Note: Section 5 defines
amend , for a provision of an instrument, to include the repeal of a provision of the instrument.
replacement explanatory statement : see section 15J.
required compilation event , for an Act, legislative instrument or notifiable instrument: see section 15Q.
responsible person : see section 6.
rule‑maker : see section 6.
rules means rules made by the First Parliamentary Counsel under section 61A.Note: These rules are legislative instruments. Regulations may also be made for the purposes of this Act (see section 62).
supplementary explanatory statement : see section 15J.
text includes any writing.Note: See the definition of
writing in section 2B of theActs Interpretation Act 1901 .
(1) In this Act,
amend includes:
(a) for an Act or instrument—repeal, omit, insert, substitute, renumber or relocate a provision of the Act or instrument; and
(b) for a provision of an Act or instrument—any of the following:
(i) repeal or omit the provision (or a part of it);
(ii) substitute another provision for the provision (or a part of it);
(iii) insert another provision into the provision (or a part of it);
(iv) renumber the provision (or a part of it);
(v) relocate the provision (or a part of it); and
(c) for an Act or instrument, or a provision of an Act or instrument—amend by implication; and
(d) for an Act or instrument, or a provision of an Act or instrument—change its text in any other way.
Note 1:
Repeal , in relation to a provision of an instrument, includes revoke or rescind the provision (see the definition ofrepeal in section 4).Note 2: For the purposes of Part 2 of Chapter 2 (registration of compilations), an Act or instrument is amended by an Act or instrument, or a provision of an Act or instrument, when the amending Act or provision commences (see subsection 15Q(3)).
(2) In this Act,
modify an Act or instrument means modify the operation of the Act or instrument without amending its text.
Rule‑makers
(1) In this Act,
rule‑maker , for an instrument, means:
(a) for an instrument made by the Governor‑General that is made under enabling legislation (whether or not it may also be made under any other power)—the Minister currently responsible for administering the provision of the enabling legislation under which the instrument is made; or
(b) for an instrument made by the Governor‑General, in any other case—the Prime Minister, or a Minister prescribed by regulation for the purposes of this paragraph; or
(c) for an instrument made by a person other than the Governor‑General—a person currently authorised to make the instrument.
Responsible persons
(2) In this Act,
responsible person means:
(a) for an Act or a provision of an Act—the Minister currently responsible for administering the Act or provision; or
(b) for an instrument—the rule‑maker for the instrument.
(3) If more than one Minister is currently responsible for administering an Act, or a provision of an Act:
(a) each of those Ministers is a
responsible person for the Act or provision (as the case may be); and(b) the performance of a function or duty under this Act (in relation to the Act or provision administered) by any of the Ministers discharges the function or duty.
What are legislative instruments? Generally, the following are legislative instruments:
• an instrument described or declared by a law (including this Act) to be a legislative instrument;
• an instrument registered on the Federal Register of Legislation as a legislative instrument;
• an instrument made under a power delegated by the Parliament that determines the law or alters its content.
However, an instrument is not a legislative instrument if an Act (or a regulation under this Act) so provides.
What are notifiable instruments? Generally, the following are notifiable instruments:
• an instrument described or declared by a law (including this Act or a regulation under this Act) to be a notifiable instrument;
• a commencement instrument;
• an instrument (other than a legislative instrument) that is registered on the Federal Register of Legislation as a notifiable instrument.
Generally, unlike legislative instruments, notifiable instruments are not subject to parliamentary scrutiny, nor are they subject to automatic repeal 10 years after registration.
Other key concepts A legislative instrument or notifiable instrument commences on the day after the instrument is registered, or on another day provided by the instrument. Generally, the instrument does not apply retrospectively if that would adversely affect rights or impose liabilities.
Generally, the same rules apply to the interpretation of legislative instruments and notifiable instruments as apply to the interpretation of Acts. Some special rules also apply to the construction of instruments.
There are restrictions on the extent to which legislative instruments or notifiable instruments can incorporate matters by reference to external documents.
(1) A
legislative instrument is an instrument to which subsection (2), (3), (4) or (5) applies.Note: Instruments that can be legislative instruments may be described by their enabling legislation in different ways, for example as regulations, rules, ordinances or determinations.
Primary law provides for something to be done by legislative instrument
(2) If a primary law gives power to do something by legislative instrument, then:
(a) if the thing is done, it must be done by instrument; and
(b) that instrument is a
legislative instrument .Example 1: A primary law provides that “The Minister may, by legislative instrument, determine licence conditions for the purposes of this section.”.
Example 2: A primary law provides as follows:
“(1) The Chief Executive may, by instrument, determine licence conditions.
(2) The Chief Executive may, by instrument, exempt a person from the requirement under this Act to hold a licence.
(3) An instrument made by the Chief Executive under subsection (1) or (2) is a legislative instrument.”.
Instruments registered on the Federal Register of Legislation
(3) An instrument made under a power delegated by the Parliament is a
legislative instrument if it is registered as a legislative instrument.Note: An instrument made under a power delegated by the Parliament may be a legislative instrument because it is registered as a legislative instrument, whether or not it is a legislative instrument because of another provision of this section.
Instruments that determine or alter the law etc.
(4) An instrument is a
legislative instrument if:
(a) the instrument is made under a power delegated by the Parliament; and
(b) any provision of the instrument:
(i) determines the law or alters the content of the law, rather than determining particular cases or particular circumstances in which the law, as set out in an Act or another legislative instrument or provision, is to apply, or is not to apply; and
(ii) has the direct or indirect effect of affecting a privilege or interest, imposing an obligation, creating a right, or varying or removing an obligation or right.
Instruments declared to be legislative instruments
(5) An instrument is a
legislative instrument if it is declared by section 10 or 57A to be a legislative instrument.Note: Section 10 declares regulations and some other instruments to be legislative instruments. Section 57A declares some instruments to be legislative instruments that were made under a power delegated by the Parliament before 1 January 2005, when the substantive provisions of this Act commenced.
Instruments that are not legislative instruments
(6) Despite subsections (4) and (5), an instrument is not a
legislative instrument if it is:
(a) declared by an Act not to be a legislative instrument; or
(b) prescribed by regulation for the purposes of this paragraph.
(7) However, subsection (6) does not apply to an instrument that is a legislative instrument under subsection (3) by registration.
(8) Despite anything else in this section, the following are not legislative instruments, and cannot become legislative instruments under subsection (3) (by being registered as legislative instruments):
(a) an instrument that is a notifiable instrument because of subsection 11(1) (primary law gives power to do something by notifiable instrument);
(b) a commencement instrument;
(c) a compilation of a legislative instrument or notifiable instrument;
(d) rules of court, or a compilation of rules of court, for the High Court, the Federal Court of Australia, the Family Court of Australia or the Federal Circuit Court of Australia;
(e) an explanatory statement for a legislative instrument, or rules of court mentioned in paragraph (d).
Note: Rules of court are, however, registered under this Act, and are otherwise treated as if they were legislative instruments by their enabling legislation.
No implication of legislative character (or otherwise)
(1) The fact that an instrument is a legislative instrument because of subsection 8(2), (3) or (5) does not imply that the instrument is, or must be, of legislative character (within the ordinary meaning of that term).
(2) The fact that an instrument is not a legislative instrument because of subsection 8(6) does not imply that the instrument is not, or must not be, of legislative character (within the ordinary meaning of that term).
No inference for other instruments
(3) In determining whether an instrument made under a provision of a primary law is a legislative instrument under subsection 8(4), no inference may be drawn from the fact that an instrument made under another provision of that primary law, or any other primary law, is a legislative instrument, or is not a legislative instrument.
Example: In determining whether a Ministerial direction under a provision of a primary law is a legislative instrument, no inference may be drawn from the fact that a Ministerial direction under another provision of the primary law is described as a legislative instrument.
(1) For the purposes of subsection 8(5), each of the following is a legislative instrument:
(a) a regulation or Proclamation (other than a Proclamation that is a commencement instrument) made under a power delegated by the Parliament;
(b) a Territory Ordinance covered by subsection (2), or a regulation, rule or by‑law under such an Ordinance;
(c) an instrument prescribed by regulation for the purposes of this paragraph;
(d) an instrument that includes a provision that amends or repeals another legislative instrument.
Note: Commencement instruments, which may be Proclamations, are notifiable instruments: see section 11.
(2) The following Territory Ordinances are covered by this subsection:
(a) an Ordinance made under a power delegated by the Parliament in an Act providing for the government of a non‑self‑governing Territory;
(b) an Ordinance made under subsection 12(1) of the
Seat of Government (Administration) Act 1910 that has not become an enactment (as defined in theAustralian Capital Territory (Self‑Government) Act 1988 );(c) an Ordinance made under section 27 of the
Norfolk Island Act 1979 .
What is a notifiable instrument?
(1) If a primary law gives power to do something by notifiable instrument, then:
(a) if the thing is done, it must be done by instrument; and
(b) that instrument is a
notifiable instrument .Example 1: A primary law provides that “The Minister may, by notifiable instrument, approve a form for the purposes of this section.”.
Example 2: A primary law provides as follows:
“(1) The Chief Executive may, by instrument, appoint an inspector for the purposes of section [X].
(2) The Chief Executive may, by instrument, approve a form for the purposes of section [Y].
(3) An instrument made by the Chief Executive under subsection (1) or (2) is a notifiable instrument.”.
(2) Each of the following is a
notifiable instrument :
(a) a commencement instrument for an Act, legislative instrument or notifiable instrument, or for a provision of an Act or such an instrument;
(b) an instrument, other than a legislative instrument, prescribed by regulation for the purposes of this paragraph;
(c) an instrument, other than a legislative instrument, that is registered as a notifiable instrument, if the instrument is made under a power delegated by the Parliament or another power given by law;
(d) an instrument, other than a legislative instrument, that includes a provision that amends or repeals another notifiable instrument.
Note: The effect of paragraph (c) is that an instrument (other than a legislative instrument) may be a notifiable instrument because it is registered as a notifiable instrument, even if it would not otherwise be a notifiable instrument because of this section. For a corresponding provision relating to legislative instruments, see subsection 8(3).
Modification of the operation of this Act
(3) The enabling legislation for a notifiable instrument, or a regulation under this Act in relation to a notifiable instrument, may modify the operation of this Act in relation to the instrument.
Example: Such a regulation may provide that a provision of this Act about explanatory statements that is expressed to apply in relation to legislative instruments is also to apply to a particular class of notifiable instruments.
Registration to satisfy other publication or notification requirements
(4) If an Act or an instrument requires an instrument (other than a legislative instrument), or the particulars of the instrument’s making, to be published or notified in the Gazette or in any other way, then, unless the contrary intention appears, the requirement is taken to be satisfied if the instrument is registered as a notifiable instrument.
When do legislative instruments and notifiable instruments commence?
(1) A legislative instrument or a notifiable instrument commences:
(a) at the start of the day after the day the instrument is registered; or
(b) so far as the instrument provides otherwise—in accordance with such provision.
Note: The instrument may provide for its commencement by enabling a commencement instrument to be made: see subsection (5).
Retrospective application
(2) A provision of a legislative instrument or notifiable instrument does not apply in relation to a person (other than the Commonwealth or an authority of the Commonwealth) if the provision commences before the day the instrument is registered, to the extent that as a result:
(a) the person’s rights as at that day would be affected so as to disadvantage the person; or
(b) liabilities would be imposed on the person in respect of anything done or omitted to be done before that day.
(3) However, subject to subsection (2), a legislative instrument or notifiable instrument may provide that a provision of the instrument commences before the day the instrument is registered.
(4) The effect of subsection (2) or (3) in relation to an instrument is subject to any contrary provision in an Act.
Commencement instruments
(5) Without limiting paragraph (1)(b), for the purposes of that paragraph, a legislative instrument or notifiable instrument may authorise the making of a commencement instrument in relation to the legislative instrument or notifiable instrument.
Omit “rule‑maker the power to make a legislative instrument”, substitute “person the power to make a legislative instrument or notifiable instrument”.
Omit “legislative” (wherever occurring).
Omit “rule‑maker”, substitute “person to make the instrument”.
Omit “any legislative instrument would, but for this subsection, be construed as being in excess of the rule‑maker’s power”, substitute “the making of a legislative instrument or notifiable instrument would, apart from this subsection, be construed as being in excess of the power to make the instrument”.
Omit “rule‑maker the power to make a legislative instrument”, substitute “person the power to make a legislative instrument or notifiable instrument”.
Omit “rule‑maker may identify”, substitute “person may identify”.
Insert:
(5) The amendment of a legislative instrument or notifiable instrument by an Act does not prevent the instrument, as so amended, from being amended or repealed by a person who is currently authorised under the enabling legislation for the instrument to make instruments of the same kind.
Omit “that are not legislative instruments”, substitute “other than legislative instruments or notifiable instruments”.
Omit “in a legislative instrument, the legislative instrument”, substitute “by a legislative instrument or notifiable instrument, the instrument”.
Repeal the paragraph, substitute:
(a) by applying, adopting or incorporating, with or without modification, any of the following, as in force at a particular time or as in force from time to time:
(i) the provisions of an Act;
(ii) the provisions of a legislative instrument covered by subsection (3); or
Omit “first‑mentioned legislative instrument takes effect”, substitute “first‑mentioned instrument commences”.
After “legislative instrument”, insert “or notifiable instrument”.
Insert:
(3) The following legislative instruments are covered by this subsection:
(a) disallowable legislative instruments;
(b) legislative instruments that were disallowable under the
Acts Interpretation Act 1901 or any other Act at any time before 1 January 2005.Note: The substantive provisions of this Act commenced on 1 January 2005.
Exception—forms
(4) Despite subsections (1) to (3), a legislative instrument or notifiable instrument (the
enabling instrument ) may authorise or require a form (however described) to be used for the purposes of an Act, that instrument or another instrument if the enabling instrument provides that:
(a) the form is a notifiable instrument; or
(b) the form is required to be publicly available in another specified way.
Insert:
The Federal Register of Legislation contains the following:
• Acts, legislative instruments and notifiable instruments as made, and explanatory statements for legislative instruments;
• compilations of Acts, legislative instruments and notifiable instruments;
• other relevant documents and information.
Rule‑makers for legislative instruments and notifiable instruments are responsible for lodging the instruments for registration (together with explanatory statements for legislative instruments).
Legislative instruments are not enforceable unless registered.
Responsible persons for Acts, and rule‑makers for legislative instruments or notifiable instruments, must notify the First Parliamentary Counsel of some events affecting the status of the Acts or instruments.
(1) The First Parliamentary Counsel must establish and maintain a register of Acts, legislative instruments and notifiable instruments, to be known as the Federal Register of Legislation.
Note 1: The contents of the Federal Register of Legislation may be accessed on the approved website (see section 15C).
Note 2: The Federal Register of Legislation in its initial form consists of the following:
(a) the contents of the Federal Register of Legislative Instruments established under this Act, when this Act was known as the
Legislative Instruments Act 2003 ;(b) the contents of the Acts database under the
Acts Publication Act 1905 (which was repealed when this section commenced);(c) other legislative material published on the whole‑of‑government legislation website known as ComLaw.
(2) The Register must contain the following:
(a) Acts as made that are registered under this Part;
(b) legislative instruments and notifiable instruments as made that are registered under this Part;
(c) compilations, registered under this Part, of Acts, legislative instruments and notifiable instruments;
(d) explanatory statements, registered under this Part, for legislative instruments;
(e) other documents registered under this Part.
(3) The Register may contain additional documents if the First Parliamentary Counsel considers that the documents are likely to be useful to users of the Register, including the following (without limitation):
(a) Acts as made (other than Acts registered under this Part);
(b) instruments as made (other than legislative instruments or notifiable instruments registered under this Part;
(c) Gazette notices;
(d) compilations of Acts or instruments (other than compilations registered under this Part);
(e) documents that may be considered under section 15AB of the
Acts Interpretation Act 1901 (and that section as applied by section 13 of this Act) in working out the meaning of an Act, legislative instrument or notifiable instrument, for example, an explanatory memorandum for an Act.(4) The First Parliamentary Counsel may include in the Register any information that he or she considers likely to be useful to users of the Register.
(5) Without limiting subsection (1), the First Parliamentary Counsel may, subject to this Act and the rules, do anything he or she considers necessary or desirable to ensure that the Register is accurate and up‑to‑date, and contains material likely to be useful to users of the Register.
The Federal Register of Legislation is, for all purposes, taken to be a complete and accurate record of all registered Acts, legislative instruments and notifiable instruments.
Note: For authorised versions of Acts, legislative instruments, notifiable instruments and compilations, and judicial notice of authorised versions, see Part 3 of this Chapter.
The First Parliamentary Counsel must ensure that registered Acts, legislative instruments, notifiable instruments and compilations, and other registered documents, are available to the public on a website (an
approved website ) prescribed by the rules.
Registered Acts, instruments and compilations
(1) If the First Parliamentary Counsel is satisfied that there is a mistake, omission or other error in the Federal Register of Legislation consisting of an error in the text of an Act, a legislative instrument or notifiable instrument, or of a compilation of an Act or such an instrument, as registered, the First Parliamentary Counsel must:
(a) correct the error in the Register as soon as possible; and
(b) include in the Register a statement that the correction has been made, and a brief outline of the correction in general terms.
(2) The correction of the Register under subsection (1):
(a) does not affect any right or privilege that was acquired, or that accrued, because of reliance on the registered text of the Act, instrument or compilation before the correction was made; and
(b) does not impose or increase any obligation or liability that was incurred before the correction was made.
Other errors in the Register
(3) The First Parliamentary Counsel may correct any other mistake, omission or other error in the Register, subject to any requirements of the rules.
Section does not apply to errors in text of Acts or instruments as enacted or made, or as amended
(4) This section does not apply to the correction of an error:
(a) for a registered Act or instrument—in the text of the Act or instrument as originally enacted or made; or
(b) for a registered compilation of an Act, legislative instrument or notifiable instrument—in the text of the Act or instrument as amended (if at all) and in force.
The rules may provide for, or in relation to, the following:
(a) keeping the Federal Register of Legislation;
(b) giving unique identifiers to registered Acts, legislative instruments, notifiable instruments and compilations, and other registered documents;
(c) numbering for series of legislative instruments, notifiable instruments and other documents in the Register;
(d) including additional documents in the Register and removing them from the Register;
(e) including information in the Register, changing it and removing it from the Register.
The First Parliamentary Counsel must register an Act as soon as practicable after the Act is assented to.
Legislative instruments and notifiable instruments
(1) The rule‑maker for a legislative instrument must lodge the instrument for registration as a legislative instrument as soon as practicable after the instrument is made.
(2) The rule‑maker for a notifiable instrument must lodge the instrument for registration as a notifiable instrument as soon as practicable after the instrument is made.
(3) The rule‑maker for an instrument made under a power delegated by the Parliament, other than a legislative instrument or notifiable instrument, may lodge the instrument for registration as a legislative instrument or notifiable instrument.
Note: For instruments that become legislative instruments by registration, see subsection 8(3). For instruments that become notifiable instruments by registration, see paragraph 11(2)(c).
Explanatory statements for legislative instruments
(4) The rule‑maker for an instrument that is lodged for registration as a legislative instrument must:
(a) lodge an initial explanatory statement for the instrument for registration as soon as practicable after the instrument is lodged for registration; and
(b) lodge any supplementary explanatory statement or replacement explanatory statement for the instrument for registration as soon as practicable after it is prepared.
Note: For explanatory statements and supplementary and replacement explanatory statements, see section 15J.
Other documents
(5) The rule‑maker for an instrument that is, or that is to be, registered as a legislative instrument or notifiable instrument may lodge a document that relates to the instrument for registration.
(1) If an instrument is lodged for registration as a legislative instrument or notifiable instrument in accordance with section 15G and the rules, the First Parliamentary Counsel must register the instrument or document:
(a) if the instrument is lodged for registration as a legislative instrument—as a legislative instrument; or
(b) if the instrument is lodged for registration as a notifiable instrument—as a notifiable instrument.
(2) If an instrument or document is lodged for registration otherwise than as a legislative instrument or notifiable instrument, in accordance with section 15G and the rules, the First Parliamentary Counsel must register the instrument or document accordingly.
(3) However, the First Parliamentary Counsel must not register an instrument or document if:
(a) for a document lodged for registration otherwise than as a legislative instrument or notifiable instrument—the First Parliamentary Counsel considers that:
(i) the document is not likely to be useful to users of the Register; or
(ii) it would otherwise be inappropriate to register the document; or
(b) before the instrument or document is registered, the person lodging the instrument or document (or another person acting on behalf of the responsible person for the instrument, or for the instrument to which the document relates) withdraws the lodgement.
(4) If the First Parliamentary Counsel does not register an instrument or document because of paragraph (3)(a), he or she must give written notice to the person lodging the instrument or document.
Definition of explanatory statement
(1) An
explanatory statement for a legislative instrument is one of the following statements prepared for laying before each House of Parliament:
(a) a statement (an
initial explanatory statement ) for the instrument that complies with subsection (2);(b) a statement (a
replacement explanatory statement ) for the instrument that:
(i) replaces an explanatory statement for the instrument that has already been registered; and
(ii) complies with subsection (2);
(c) a statement (a
supplementary explanatory statement ) for the instrument that:
(i) amends an initial explanatory statement or a replacement explanatory statement; and
(ii) complies with subsection (3).
Requirements for initial and replacement explanatory statements
(2) An initial explanatory statement, or a replacement explanatory statement, for a legislative instrument must:
(a) be approved by the rule‑maker; and
(b) explain the purpose and operation of the instrument; and
(c) if any documents are incorporated in the instrument by reference—contain a description of the incorporated documents and indicate how they may be obtained; and
(d) if consultation was undertaken under section 17 before the instrument was made—contain a description of the nature of that consultation; and
(e) if no such consultation was undertaken—explain why no such consultation was undertaken; and
(f) if the instrument is a disallowable legislative instrument—contain a statement of compatibility prepared under subsection 9(1) of the
Human Rights (Parliamentary Scrutiny) Act 2011 ; and(g) contain such other information as is prescribed by regulation.
Requirements for supplementary explanatory statements
(3) A supplementary explanatory statement for a legislative instrument must:
(a) be approved by the rule‑maker; and
(b) contain such other information as is prescribed by regulation.
Single explanatory statements—one or more legislative instruments
(4) A single explanatory statement may relate to one or more legislative instruments.
(1) A legislative instrument is not enforceable by or against any person (including the Commonwealth) unless the instrument is registered as a legislative instrument.
(2) A failure by the rule‑maker to lodge an explanatory statement in relation to a legislative instrument for registration as required by subsection 15G(4) does not affect the validity or enforceability of the instrument.
(1) The responsible person for a registered Act, legislative instrument or notifiable instrument must give notice to the First Parliamentary Counsel of the occurrence of any of the following events in relation to the Act or instrument:
(a) an event resulting in, or otherwise affecting, the commencement of the Act or instrument (or a provision of the Act or instrument);
(b) a discretionary compilation event for the Act or instrument;
(c) an event resulting in the Act or instrument (or a provision of the Act or instrument) being repealed, lapsing, expiring or otherwise ceasing to be in force;
(d) an event resulting in the Act or instrument, or a provision of the Act or instrument, being (or being declared by a court or tribunal to be) invalid or unenforceable;
(e) the responsible person’s becoming aware of:
(i) an error in the Register to which subsection 15D(1) (correction of registration errors) may apply; or
(ii) any other error in the Register;
(f) another event prescribed by the rules.
Example: If a registered legislative instrument is expressed to commence when a particular treaty comes into force for Australia, paragraph (1)(a) would require the responsible person for the instrument to notify the First Parliamentary Counsel when the treaty comes into force.
(2) However, subsection (1) does not require the responsible person to give notice to the First Parliamentary Counsel of any of the following events in relation to a registered Act or instrument:
(a) the occurrence of a day or time specified in the Act or instrument, or the making of a commencement instrument, resulting in, or otherwise affecting, the commencement of the Act or instrument (or a provision of the Act or instrument);
(b) a required compilation event for the Act or instrument;
(c) for a disallowable legislative instrument—the disallowance of:
(i) the instrument (or a provision of the instrument); or
(ii) another legislative instrument (or a provision of another legislative instrument) that amends the instrument;
(d) for a legislative instrument or notifiable instrument—the amendment or repeal of the instrument by:
(i) the operation of Part 3 of Chapter 3 (repeal of spent instruments or provisions); or
(ii) the operation of Part 4 of Chapter 3 (sunsetting of legislative instruments);
(e) another event prescribed by the rules.
The rules may provide for, or in relation to, any of the following:
(a) the lodgement of instruments and documents for registration, including any or all of the following:
(i) the form in which instruments and documents must or may be lodged;
(ii) any other matters affecting how instruments and documents must or may be lodged;
(iii) the information that must or may be provided with instruments and documents;
(iv) the certification of instruments and documents;
(v) other requirements to be satisfied for lodgement;
(b) the identification of instruments and documents lodged for registration, including authorising the First Parliamentary Counsel to do any or all of the following:
(i) adding a name to an unnamed instrument or document;
(ii) amending the name of an instrument or document;
(iii) adding anything to an instrument or document to assist in its identification;
(iv) doing anything else in relation to an instrument or document to assist users of the Register to identify or refer to the instrument or document;
(c) the withdrawal of lodgement of instruments or documents;
(d) the registration of Acts, instruments and documents;
(e) the refusal of registration of instruments and documents;
(f) alternative arrangements for the registration of Acts, instruments and documents in the event of technical difficulties;
(g) any other matter relating to the lodgement of instruments and documents;
(h) any other matter relating to the registration of Acts, instruments and documents.
A compilation shows the text of an Act, legislative instrument or notifiable instrument as amended (if at all) and in force on the compilation date stated in the Act or instrument.
The First Parliamentary Counsel must generally register a compilation after a registered Act or instrument is amended, and in some other circumstances.
A rule‑maker for a legislative instrument or notifiable instrument must lodge a compilation for registration if the instrument is amended, or in some circumstances on notice from the First Parliamentary Counsel.
The First Parliamentary Counsel may make editorial changes and some other changes in preparing a compilation of a registered Act or instrument, as long as they do not change the effect of the Act or instrument.
(1) Without limiting the information that a registered compilation of an Act, legislative instrument or notifiable instrument (the
principal law ) may include, the registered compilation must include the following information:
(a) the compilation date;
(b) if any editorial changes are made in preparing the compilation—a statement that editorial changes have been made and a brief outline of the changes in general terms;
(c) details (including commencement details) of any Act or instrument that amends the principal law;
(d) the amendment history of provisions of the principal law;
(e) any further information prescribed by the rules.
(2) However, the information mentioned in any of paragraphs (1)(c) to (e) does not need to be included in the compilation if:
(a) the First Parliamentary Counsel is satisfied that the information mentioned in that paragraph is otherwise appropriately available on an approved website to users of the Federal Register of Legislation; and
(b) the compilation indicates in general terms how users of the Register may access that information on the approved website.
Definitions
(1) A
required compilation event occurs for an Act, legislative instrument or notifiable instrument when:
(a) the Act or instrument is expressly amended (otherwise than under section 48C or 48D); or
(b) in the case of a disallowable legislative instrument:
(i) a provision of the instrument is disallowed under section 42; or
(ii) a provision of another disallowable legislative instrument has amended a provision of the instrument, but the amending instrument, or the amending provision, is disallowed under section 42; or
(c) a provision of the Act or instrument is repealed, lapses, expires or otherwise ceases to be in force under another Act or instrument (other than this Act), or because of the making of another Act or instrument; or
(d) something else happens that is prescribed by the rules for the purposes of this paragraph.
(2) A
discretionary compilation event occurs for an Act, legislative instrument or notifiable instrument when:
(a) a provision of the Act or instrument commences; or
(b) in the case of a legislative instrument or notifiable instrument—the instrument is amended by section 48C or 48D; or
(c) the Act or instrument is modified; or
(d) the Act or instrument is impliedly amended; or
(e) a provision of the Act or instrument is repealed, lapses, expires or otherwise ceases to be in force under another provision of that Act or instrument; or
(f) if no compilation has been registered for the Act or instrument—the text of the Act or instrument as registered otherwise ceases to show the text of the Act or instrument as in force; or
(g) if a compilation has been registered for the Act or instrument—the text of the latest registered compilation otherwise ceases to show the text of the Act or instrument as amended (if at all) and in force; or
(h) something else happens that is prescribed by the rules for the purposes of this paragraph.
Note: Sections 48C and 48D provide for the automatic repeal of amending, repealing and commencement provisions of legislative instruments and notifiable instruments.
When an Act or instrument is amended
(3) For the purposes of this Division, an Act or instrument is amended by an Act or instrument, or a provision of an Act or instrument, when the amending Act or provision commences.
Compilation required to be prepared and lodged
(1) If a required compilation event occurs for a legislative instrument or notifiable instrument, the rule‑maker must prepare and lodge for registration a compilation of the instrument for registration.
Compilation date
(2) The compilation date for the compilation must be the date of the required compilation event.
Time for lodgement
(3) The rule‑maker must lodge for registration the compilation required by subsection (1) within 28 days after the event occurs, or a longer period allowed by the First Parliamentary Counsel.
Exceptions
(4) This section does not apply to legislative instruments or notifiable instruments, or in circumstances, prescribed by rules made for the purposes of this subsection.
Example: A circumstance prescribed by the rules may be if the First Parliamentary Counsel prepares and registers a compilation of a legislative instrument or notifiable instrument.
Compilation required to be prepared and lodged if notice given
(1) If a discretionary compilation event occurs for a legislative instrument or notifiable instrument, the First Parliamentary Counsel may, by written notice given to the rule‑maker, require the rule‑maker, within a period stated in the notice, to prepare and lodge for registration a compilation of the instrument for registration.
Compilation date
(2) The compilation date for the compilation must be the date of the discretionary compilation event.
Time for lodgement
(3) If a notice is given under subsection (1) to a rule‑maker for an instrument, the rule‑maker must lodge for registration a compilation of the instrument within the period stated in the notice, or a longer period allowed by the First Parliamentary Counsel.
Required compilation events for Acts
(1) If a required compilation event occurs for an Act, the First Parliamentary Counsel must prepare and register a compilation of the Act as soon as practicable afterwards.
Required compilation events for instruments
(2) If a required compilation event occurs for a legislative instrument or notifiable instrument, the First Parliamentary Counsel must register a compilation of the instrument:
(a) if a compilation is lodged for registration within 28 days after the event, or within a longer period allowed by the First Parliamentary Counsel—as soon as practicable after lodgement; or
(b) if a compilation is not lodged for registration within that period—as soon as practicable after the end of the period.
(3) However, if a required compilation event occurs for a legislative instrument or notifiable instrument, and section 15R does not apply because of subsection 15R(4), the First Parliamentary Counsel must prepare and register a compilation of the instrument as soon as practicable afterwards.
Discretionary compilation events for Acts and instruments
(4) If a discretionary compilation event occurs for an Act or a legislative instrument or notifiable instrument, the First Parliamentary Counsel may prepare and register a compilation of the Act or instrument.
(5) If a discretionary compilation event occurs for a legislative instrument or notifiable instrument, and the First Parliamentary Counsel gives the rule‑maker for the instrument a notice under section 15S, the First Parliamentary Counsel must register a compilation of the instrument:
(a) if a compilation is lodged for registration within the period stated in the notice, or within a longer period allowed by the First Parliamentary Counsel—as soon as practicable after lodgement; or
(b) if a compilation is not lodged for registration within that period—as soon as practicable after the end of the period.
No required or discretionary compilation event for Act or instrument
(6) The First Parliamentary Counsel may prepare and register a compilation of an Act, legislative instrument or notifiable instrument even if neither a required compilation event nor a discretionary compilation event has occurred for the Act or instrument.
Repeal, disallowance, lapse or expiry of Act or instrument
(7) The First Parliamentary Counsel must ensure that a registered compilation of an Act, legislative instrument or notifiable instrument is no longer shown on the Register as a compilation currently in force as soon as practicable after:
(a) the Act or instrument is repealed, expires, lapses or otherwise ceases to be in force; or
(b) for a disallowable legislative instrument—the instrument is disallowed under section 42.
General
(1) The rules may provide for, or in relation to, any of the following in relation to compilations of Acts, legislative instruments or notifiable instruments:
(a) the format, layout and printing style required for compilations, and any other presentational aspects of compilations;
(b) the extent and form of the information mentioned in subsection 15P(1) or (2) that is required to be included in compilations, or made available on an approved website;
(c) any other matter relating to the preparation of compilations;
(d) the lodgement of compilations of instruments for registration, including any of the following:
(i) the form in which compilations must or may be lodged;
(ii) how compilations must or may be lodged;
(iii) the information that must or may be provided with or for compilations;
(iv) the certification of compilations;
(v) other requirements to be satisfied for compilations;
(e) the withdrawal of lodgement of compilations of instruments;
(f) the registration of compilations of Acts and instruments;
(g) the refusal of registration of compilations of instruments;
(h) alternative arrangements for the registration of compilations of Acts, and for the lodgement and registration of compilations of instruments, in the event of technical difficulties;
(i) any other matter relating to the lodgement or registration of compilations of Acts or instruments.
Compilations reflecting retrospective amendments
(2) If an amendment of an Act, a legislative instrument or a notifiable instrument commences retrospectively, in addition to any other requirement or power under this Division in relation to the lodgement or registration of a compilation of the Act or instrument as a result of that amendment, the rules may provide for:
(a) in the case of the amendment of an Act—the registration of compilations of the Act with different specified compilation dates; and
(b) in the case of the amendment of an instrument—the lodgement and registration of compilations of the instrument with different specified compilation dates.
Note 1: In this situation, this Division may require the lodgement or registration of a compilation of an Act or instrument with a compilation date that is the date of retrospective commencement of the amendments.
Note 2: Rules under subsection (2) may also require or permit the lodgement or registration of an additional compilation or compilations (with different compilation dates) reflecting the retrospective effect of the amendments.
Editorial changes
(1) In preparing a compilation of an Act, legislative instrument or notifiable instrument for registration (including a compilation that has been lodged for registration), the First Parliamentary Counsel may make editorial changes to any text that is part of the Act or instrument.
Note 1: For what is an
editorial change , see section 15X.Note 2: For what text forms part of the Act or instrument, see section 13 of the
Acts Interpretation Act 1901 (which applies in relation to instruments under section 13 of this Act).(2) The First Parliamentary Counsel may make an editorial change to an Act or instrument under subsection (1) only if he or she considers the change to be desirable to:
(a) bring the Act or instrument into line, or more closely into line, with legislative drafting practice being used by the Office of Parliamentary Counsel; or
(b) correct an error, or ensure that a misdescribed amendment of the Act or instrument is given effect to as intended.
Presentational changes
(3) In preparing a compilation of an Act, legislative instrument or notifiable instrument for registration (including a compilation that has been lodged for registration), the First Parliamentary Counsel may make changes to the Act or instrument that affect the format, layout or printing style of the Act or instrument, or any other presentational aspect of the Act or instrument.
(4) The First Parliamentary Counsel may make a change to an Act or instrument under subsection (3) only if he or she considers the change to be desirable to bring the Act or instrument into line, or more closely into line, with legislative drafting practice being used by the Office of Parliamentary Counsel.
Text not part of an Act or instrument
(5) In preparing a compilation of an Act, legislative instrument or notifiable instrument (including a compilation that has been lodged for registration), the First Parliamentary Counsel may include, omit or change any text that is not part of the Act or instrument, including (without limitation) any of the following:
(a) a table of contents or other provision that only describes the arrangement of the Act or instrument (or provisions of the Act or instrument) into groups of provisions;
(b) a reader’s guide, simplified outline or similar text that only describes the nature or effect of the Act or instrument;
(c) text, known as alternative text (or “alt text”), that does not form part of the Act or instrument because of subsection 13(3) of the
Acts Interpretation Act 1901 (including that subsection as applied by section 13 of this Act);(d) for an instrument—instrument‑making words.
Note: For paragraph (c), alternative text may, for example, aurally indicate the effect of a graphic image in an Act or instrument to assist users of an approved website who have visual disabilities.
No change of effect
(6) The First Parliamentary Counsel must not make a change to an Act or instrument under this section that would change the effect of the Act or instrument.
(7) Subsection (6) does not prevent the First Parliamentary Counsel making a change to an Act or instrument mentioned in paragraph (2)(m) of the definition of
editorial change in subsection 15X(2), or any editorial change consequential on such a change, as mentioned in paragraph (2)(q) of that definition.Note: Such a change consists of the incorporation into an Act or instrument of an application, savings, transitional, validation or similar provision that is contained in an amending Act or instrument.
If the First Parliamentary Counsel makes an editorial change to an Act or instrument under section 15V in preparing a compilation, then, after the registration of the compilation:
(a) the Act or instrument has effect for all purposes as if the change had been made by an amendment of the Act or instrument that commenced on the day the compilation was registered; and
(b) the Act or instrument may be further amended as if the change had been made by an amendment of the Act or instrument.
(1) This section describes the kinds of editorial changes that the First Parliamentary Counsel may make to an Act, legislative instrument or notifiable instrument under section 15V in preparing a compilation of the Act or instrument.
Note: An editorial change cannot be made to an Act, legislative instrument or notifiable instrument if it would change the effect of the Act or instrument (see subsection 15V(6)).
(2) An
editorial change to an Act, legislative instrument or notifiable instrument is a change made by the First Parliamentary Counsel that:
(a) goes only to a matter of spelling, punctuation, grammar or syntax, or the use of conjunctives and disjunctives; or
(b) updates a reference to:
(i) a law covered by subsection (3) (or a provision of such a law); or
(ii) a person, body or other entity, or an office, position, place, document or thing; or
(c) changes the short title of an Act or the name of an instrument, or the name of the types of provision in an instrument; or
(d) numbers or renumbers a provision of the Act or instrument; or
(e) changes the order of definitions or other provisions of the Act or instrument; or
(f) replaces a reference to a provision of a law covered by subsection (3) with a different form of reference to the provision; or
(g) changes the way of referring to or expressing a number, year, date, time, amount of money or other amount, penalty, quantity, measurement or other matter, idea or concept; or
Example: A reference in a form to “this [blank] day of [blank] 19…” may be changed to “[Date]”.
(h) changes language that indicates gender or that could be taken to indicate gender; or
(i) omits or changes a table of contents or other provision that only describes the arrangement of the Act or instrument (or provisions of the Act or instrument) into groups of provisions; or
(j) omits or changes a reader’s guide, simplified outline or other text that only describes the nature or effect of the Act or instrument; or
(k) omits a provision, or a reference to a law covered by subsection (3) (or a provision of such a law) that has expired, the operation of which is exhausted or spent, or that is otherwise obsolete or redundant; or
(l) omits, inserts or changes a term that identifies a provision of the Act or instrument as a provision, or part of a provision, of the Act or instrument; or
Examples: The following are examples of references to provisions:
(a) of these regulations;
(b) of this regulation;
(c) of this section;
(d) hereof;
(e) said.
(m) incorporates into the Act or instrument (the
principal law ) an application, savings, transitional, validation or similar provision that is contained in another Act or instrument that amends the principal law; or(n) shows the effect of any amendment of the Act or instrument, or is consequential on any such amendment; or
Example: The heading to a section may be changed to reflect the effect of an amendment of the section.
(o) if an amendment of the Act or instrument is misdescribed by an amending Act or instrument—gives effect to the misdescribed amendment as intended; or
(p) corrects an error covered by subsection (4); or
(q) is consequential on any other editorial change made to the Act or instrument or to another Act or instrument.
(3) This subsection covers the following laws:
(a) an Act;
(b) an instrument made under an Act or another power given by law;
(b) an Act of a State, a Territory or New Zealand, or an instrument made under such an Act.
(4) This subsection covers the following errors:
(a) typographical and clerical errors;
(b) grammatical and spelling errors, and errors of punctuation;
(c) errors in numbering, cross‑referencing and alphabetical ordering;
(d) errors in references to laws or instruments, or provisions of such laws, covered by subsection (3);
(e) errors in or arising out of an amendment of an Act or instrument, including errors relating to the number of times such an amendment is expressed to be made;
(f) any other errors of a nature similar to those mentioned in paragraphs (a) to (e).
Authorised versions of registered Acts, legislative instruments, notifiable instruments, explanatory statements for legislative instruments and compilations may be sourced from the approved website. Judicial notice may be taken of authorised versions and related matters.
This Part applies in relation to each of the following documents (a
registered law or explanatory statement ) and, in the same way, to a provision or part of each document:
(a) a registered Act;
(b) a registered legislative instrument or notifiable instrument;
(c) a registered explanatory statement for a legislative instrument;
(d) a registered compilation of an Act, legislative instrument or notifiable instrument.
Authorised electronic versions
(1) An electronic copy of a registered law or explanatory statement is an
authorised version of the registered law or explanatory statement if:
(a) the electronic copy is accessed at, or downloaded from, an approved website in a format prescribed by the rules; and
(b) either:
(i) the website indicates, in a way prescribed by the rules, that such a copy is an authorised version; or
(ii) the electronic copy indicates, in a way prescribed by the rules, that it is an authorised version.
Example: For paragraph (a), a locked pdf file may be a format prescribed by the rules.
(2) An electronic copy of a registered law or explanatory statement is an
authorised version of the registered law or explanatory statement if:
(a) it is in a format prescribed by the rules; and
(b) the electronic copy indicates, in a way prescribed by the rules, that it is an authorised version.
Example: For paragraph (a), a locked pdf file may be a format prescribed by the rules.
Authorised printed versions
(3) A printed copy of a registered law or explanatory statement is an
authorised version of the registered law or explanatory statement if the copy indicates, in a way prescribed by the rules, that it is an authorised version.(4) A printed copy of a registered law or explanatory statement is an
authorised version of the registered law or explanatory statement if the copy is produced directly from another version of the registered law or explanatory statement that is an authorised version under subsection (1), (2) or (3), or this subsection.
Presumptions about an approved website and registered laws or explanatory statements
(5) It is presumed, unless the contrary is proved, that:
(a) a website purporting to be an approved website is an approved website; and
(b) if accessed at a website mentioned in paragraph (a), an Act, a legislative instrument, a notifiable instrument, an explanatory statement for a legislative instrument or a compilation of an Act or a legislative instrument or notifiable instrument is registered; and
(c) an electronic copy of a registered law or explanatory statement accessed at, or downloaded from, an approved website is an authorised version under subsection (1), if:
(i) the website indicates (in any way) that such a copy is an authorised version; or
(ii) the copy indicates (in any way) that the copy is an authorised version; and
(d) an electronic copy of a registered law or explanatory statement is an authorised version under subsection (2) if the copy indicates (in any way) that it is an authorised version; and
(e) a printed copy of a registered law or explanatory statement is an authorised version under subsection (3) or (4) if the copy indicates (in any way) that it is an authorised version; and
(f) an authorised version of a registered Act, legislative instrument or notifiable instrument, as made, correctly shows the text of the Act or instrument as made; and
(g) an authorised version of a registered explanatory statement for a legislative instrument correctly shows the text of the statement as approved by the rule‑maker (under subsection 15J(2) or (3)); and
(h) an authorised version of a registered compilation of an Act, legislative instrument or notifiable instrument correctly shows the text of the Act or instrument as amended (if at all) and in force on the compilation date.
Forms of indication
(6) A way of indicating that is prescribed by rules made for the purposes of subsection (1), (2) or (3), or an indication mentioned in paragraph (5)(c), (d) or (e), may include an indication consisting of any text, including one or more of the following:
(a) a logo;
(b) a form of words;
(c) a unique identifier, for a registered law or explanatory statement, prescribed by the rules.
(1) In proceedings in a court or tribunal, proof is not required about any of the following:
(a) the assent, and the day of assent, of an Act;
(b) the making, and the day of making, of a registered legislative instrument or notifiable instrument;
(c) the text of a registered law or explanatory statement;
(d) the registration, and day of registration, of a registered law or explanatory statement;
(e) the commencement of a registered Act, legislative instrument or notifiable instrument, or any provision of a registered Act, legislative instrument or notifiable instrument;
(f) editorial changes made to an Act, legislative instrument or notifiable instrument in preparing a registered compilation of the Act or instrument;
(g) the text and compilation date of a registered compilation of an Act, legislative instrument or notifiable instrument;
(h) whether a copy of a registered law or explanatory statement is an authorised version of the registered law or explanatory statement.
(2) A court or tribunal may inform itself of anything mentioned in subsection (1) in any way it considers appropriate.
(3) However, the court or tribunal must consider whether the source it intends to use appears to be a reliable source of information.
(4) For the purposes of subsection (3), an authorised version of a registered law or explanatory statement is a reliable source of information.
(5) This section does not limit any other law providing how a court or tribunal may be informed about a matter mentioned in subsection (1).
Repeal the heading, substitute:
The First Parliamentary Counsel is responsible for promoting the legal effectiveness, clarity and intelligibility of legislative instruments and notifiable instruments.
Before a legislative instrument is made, the rule‑maker must be satisfied that any consultation that is appropriate and reasonably practicable has taken place.
Repeal the heading, substitute:
After “legislative instruments” (wherever occurring), insert “and notifiable instruments”.
After “legislative instruments”, insert “and notifiable instruments”.
Repeal the paragraphs, substitute:
(a) to prevent the use of gender‑specific language in legislative instruments and notifiable instruments in circumstances where it is not necessary to identify persons by their sex; and
(b) to advise rule‑makers for registered legislative instruments or notifiable instruments if those instruments use gender‑specific language in those circumstances; and
Repeal the heading.
Repeal the subsection, substitute:
(1) Before a legislative instrument is made, the rule‑maker must be satisfied that there has been undertaken any consultation that is:
(a) considered by the rule‑maker to be appropriate; and
(b) reasonably practicable to undertake.
Omit “subsection 26(1A)”, substitute “subsection 15J(2)”.
Repeal the section.
Repeal the Part.
Repeal the heading, substitute:
Insert:
The Office of Parliamentary Counsel must generally deliver a legislative instrument for laying before each House of the Parliament within 6 sitting days of that House after the instrument is registered (with the instrument’s registered explanatory statement, if applicable).
A legislative instrument (or a provision) may be disallowed by either House within a certain time after the instrument is tabled. A legislative instrument is taken to be repealed if it is disallowed. Some legislative instruments are required to be tabled in Parliament, but are not subject to disallowance.
Repeal the note, substitute:
Note: Some legislative instruments are not disallowable (see section 44).
Omit “legislative instrument registered under Division 2 of Part 4”, substitute “registered legislative instrument”.
Repeal the subsection.
Omit “that is required to be laid before each House of the Parliament is not so laid”, substitute “is not laid before each House of the Parliament”.
Add:
Note: See also subsection 45(1).
Repeal the section, substitute:
(1) If an explanatory statement for a legislative instrument is registered, the Office of Parliamentary Counsel must arrange for a copy of the explanatory statement to be delivered to each House of the Parliament, to be laid before each House.
(2) The delivery to each House of the Parliament must be arranged:
(a) in the case of an initial explanatory statement:
(i) if practicable, at the same time as a copy of the instrument is delivered to that House under section 38; or
(ii) in any other case—within 6 sitting days of that House after registration of the explanatory statement; or
(b) in the case of a supplementary explanatory statement or replacement explanatory statement—within 6 sitting days of that House after registration of the explanatory statement.
(3) If the initial explanatory statement for a legislative instrument is lodged by the rule‑maker for registration too late for it to be delivered to a House of the Parliament at the same time as a copy of the instrument, the rule‑maker must, as soon as possible, deliver to that House a written statement explaining the lateness of lodgement.
(4) If a replacement explanatory statement replacing an initial explanatory statement is registered before the initial explanatory statement is delivered to each House of the Parliament under subsection (1):
(a) this section stops applying to the initial explanatory statement; and
(b) this section applies to the replacement explanatory statement as if it were the initial explanatory statement.
Note: For initial explanatory statements and supplementary and replacement explanatory statements, see section 15J.
Add:
Note: See also subsection 45(1).
Omit “, made on or after the commencing day,”.
Repeal the subsections, substitute:
(2) Section 42 does not apply in relation to a legislative instrument, or a provision of a legislative instrument, if:
(a) an Act declares, or has the effect, that section 42 does not apply in relation to the instrument or provision; or
(b) the legislative instrument is prescribed by regulation for the purposes of this paragraph.
(3) Prescribing a kind of instrument by regulation for the purposes of paragraph (2)(b) does not imply that every instrument of that kind is a legislative instrument.
Omit “Part 6”, substitute “Part 4 (sunsetting of legislative instruments)”.
Repeal the section, substitute:
(1) A legislative instrument or a provision of a legislative instrument (the
later instrument or provision ) that is the same in substance as a legislative instrument or a provision of a legislative instrument (thedisallowed instrument or provision ) that has been disallowed (or is taken to have been disallowed) under subsection 42(1) or (2) must not be made within 6 months after the day of disallowance.(2) However, the later instrument or provision may be made within that time if the relevant House of the Parliament approves, by resolution, the making of a legislative instrument or provision the same in substance as the disallowed instrument or provision.
(3) For the purposes of subsection (2), the
relevant House of Parliament is the House of Parliament in which notice was given of the motion to disallow the disallowed instrument or provision.(4) A legislative instrument or provision made in contravention of this section has no effect.
Repeal the heading, substitute:
Insert:
A legislative instrument or notifiable instrument (or provision) that only repeals or amends another instrument, or provides for its commencement, is itself automatically repealed after it has achieved this effect.
Regulations made under this Act may repeal a legislative instrument or notifiable instrument (or provision) if the Attorney‑General is satisfied that the instrument (or provision) to be repealed is spent or is no longer required.
Repeal the subsection, substitute:
(1) This section repeals a legislative instrument or notifiable instrument whose only legal effect is to amend or repeal one or more other legislative instruments or notifiable instruments, without making any application, saving or transitional provisions relating to the amendment or repeal.
(1A) For the purposes of subsection (1), a legislative instrument or notifiable instrument is not taken to make an application, saving or transitional provision mentioned in that subsection merely because the instrument amends another such instrument to make an application, saving or transitional provision relating to the amendment or repeal.
Repeal the subsection, substitute:
Time of repeal
(2) The repeal of the instrument by this section happens on the day after the later of the following events occurs:
(a) whichever of the following is applicable:
(i) the commencement of the instrument, or of the last of its provisions to commence;
(ii) if the last of its provisions that have not commenced are repealed, or cannot commence because of the occurrence of an event—that repeal, or the occurrence of that event;
(b) the registration of the instrument.
Add:
Note: See also subsection 45(2).
Repeal the subsections, substitute:
(1) This section repeals a commencement instrument that provides for the commencement of one of the following (a
primary law ) or a provision (aprimary provision ) of one of the following:
(1) A management plan for a Commonwealth reserve prepared by the Director, and the Board (if any) for the reserve, and approved by the Minister, is a legislative instrument made by the Minister on the day the plan is approved.
Omit “instrument in writing”, substitute “legislative instrument”.
Repeal the subsection.
136
Section 528 (note at the end of the definition of species ) Repeal the note.
Repeal the subsection, substitute:
(4) An order is a legislative instrument.
Repeal the subsections.
Omit “disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901 ”, substitute “legislative instrument”.
Omit “disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901 ”, substitute “legislative instrument”.
Omit “, by order in writing, prohibit”, substitute “, by legislative instrument, make an order prohibiting”.
Omit “by instrument in writing”, substitute “by legislative instrument,”.
Insert:
(1) An instrument under subsection 9(1) comes into force for the purposes of section 10 on a day fixed by the Attorney‑General by notifiable instrument.
Note 1: See subsection 10(8).
Note 2: Notifiable instruments must be registered under the
Legislation Act 2003 , but they are not subject to parliamentary scrutiny or sunsetting under that Act.(2) The Attorney‑General must not fix a day under subsection (1) that is earlier than the first day the Attorney‑General is satisfied that the instrument under subsection 9(1) will no longer be liable to be disallowed, or to be taken to be disallowed, under section 42 of the
Legislation Act 2003 .(3) To avoid doubt, subsections (1) and (2) do not affect the operation of subsection 12(1) of the
Legislation Act 2003 in relation to the coming into force of the instrument under subsection 9(1) of this Act for any other purpose.Note: Subsection 12(1) of the
Legislation Act 2003 provides that a legislative instrument commences on the day it is registered under that Act, or otherwise as provided by the instrument.
Omit “, by order in writing, declare” substitute “, by legislative instrument, make an order declaring”.
Add:
(1) Despite subsection 12(1) of the
Legislation Act 2003 , an order under subsection 12(1) of this Act comes into force on a day fixed by the Attorney‑General by notifiable instrument.Note 1: Subsection 12(1) of the
Legislation Act 2003 deals with the commencement of legislative instruments.Note 2: Notifiable instruments must be registered under the
Legislation Act 2003 , but they are not subject to parliamentary scrutiny or sunsetting under that Act.(2) The Attorney‑General must not fix a day under subsection (1) that is earlier than the first day the Attorney‑General is satisfied that the order under subsection 12(1) will no longer be liable to be disallowed, or to be taken to be disallowed, under section 42 of the
Legislation Act 2003 .
Omit “by order in writing prohibit”, substitute “by legislative instrument, make an order that prohibits”.
Omit “by order prohibit”, substitute “by legislative instrument, make an order prohibiting”.
Repeal the section.
Omit “notice of that order published in the
Gazette in accordance with subsection 48(1) of theActs Interpretation Act 1901 as applied by subsection 15(1) of this Act”, substitute “order”.
Omit “notice of the order published as mentioned in paragraph (a)”, substitute “content of the order”.
Repeal the subsection, substitute:
(2) Subsection 12(2) of the
Legislation Act 2003 does not apply to regulations prescribing an authority for the purposes of the definition offoreign court in subsection 3(1) of this Act.Note: Subsection 12(2) of the
Legislation Act 2003 is about the retrospective application of legislative instruments (such as regulations).
Omit “may issue”, substitute “may, by legislative instrument, issue”.
Repeal the subsection.
Omit “may issue”, substitute “may, by legislative instrument, issue”.
Repeal the subsection.
Omit “by writing”, substitute “by legislative instrument”.
Repeal the subsection.
Omit “vary the GMO Register by written determination”, substitute “, by legislative instrument, vary the GMO Register”.
Repeal the subsection.
After “determines”, insert “under subsection (4)”.
Omit “subsection (2)”, substitute “subsection (4)”.
Repeal the subsection, substitute:
(4) The Minister may, by legislative instrument, make a determination for the purposes of subsection (2).
Omit “instrument in writing”, substitute “legislative instrument”.
Repeal the subsection.
Omit “in writing”, substitute “under subsection (4)”.
Omit “in writing”, substitute “by legislative instrument”.
Repeal the subsection.
Omit “by writing”, substitute “by legislative instrument”.
Repeal the subsection, substitute:
(2) Subsection 12(2) of the
Legislation Act 2003 does not apply to a determination under subsection (1) of this section.Note: Subsection 12(2) of the
Legislation Act 2003 is about the retrospective application of legislative instruments.
Repeal the subsections.
Omit “in writing”.
Omit “in writing”.
Omit “written”.
Repeal the subsection, substitute:
(6) A determination under this section is a legislative instrument.
Omit “in writing”, substitute “by legislative instrument”.
Repeal the section.
Omit “by order in writing, declare”, substitute “by legislative instrument, make an order declaring”.
Repeal the subsections.
Omit “in writing”, substitute “by legislative instrument”.
Repeal the subsection.
Omit “in writing”, substitute “by legislative instrument”.
Repeal the subsection.
After “by the Minister”, insert “, by legislative instrument,”.
Repeal the subsection.
Add “under subsection (6)”.
Omit “in writing by the Minister from time to time”, substitute “by the Minister under subsection (6)”.
Repeal the subsection, substitute:
(6) The Minister may, by legislative instrument:
(a) make guidelines for the purposes of subsection (3); and
(b) determine conditions for the purposes of subsection (5).
Omit “20AB(3)”, substitute “20AB(6)”.
Omit “approve, in writing,”, substitute “, by legislative instrument, approve”.
Omit “vary, in writing,”, substitute “, by legislative instrument, vary”.
Repeal the subsections.
Omit “a determination in writing”, substitute “legislative instrument”.
Repeal the subsection.
Omit “, in writing,”, substitute “under subsection (12)”.
Repeal the subsections, substitute:
(12) The Minister may, by legislative instrument, determine particulars for the purposes of subsection (2).
Omit “, in writing,”, substitute “under subsection (13)”.
Repeal the subsections, substitute:
(13) The Minister may, by legislative instrument, determine particulars for the purposes of subsection (2).
Omit “in writing”, substitute “by legislative instrument”.
Repeal the subsection.
Omit “The Minister may approve, in writing, for the purposes of this Act”, substitute “For the purposes of this Act, the Minister may, by legislative instrument, approve”.
Repeal the subsection.
Omit “(1)”.
Omit “determine, in writing,”, substitute “, by legislative instrument, determine”.
Repeal the subsection.
Omit “by instrument in writing”, substitute “by legislative instrument”.
Repeal the subsections.
Omit “by signed writing”, substitute “by legislative instrument”.
Repeal the section.
Omit “writing”, substitute “legislative instrument”.
Repeal the subsection.
Omit “written instrument”, substitute “legislative instrument”.
Repeal the subsection.
Omit “writing”, substitute “legislative instrument”.
Repeal the subsection.
Omit “written instrument”, substitute “legislative instrument”.
Repeal the subsection.
Omit “written instrument”, substitute “legislative instrument”.
Repeal the subsection.
Omit “in writing”, substitute “, by legislative instrument,”.
Repeal the subsections, substitute:
(3) Directions under subsection (2) commence at the start of the day after the day they are registered under the
Legislation Act 2003 .
After “Secretary may”, insert “, by legislative instrument,”.
Repeal the note.
Omit “Note 2”, substitute “Note”.
Omit “on which the order is notified in the
Gazette ”, substitute “that the order is registered under theLegislation Act 2003 ”.
Repeal the note.
Repeal the subsection.
Add:
(5) An order made under this section is taken to be an enactment for the purposes of the
Administrative Appeals Tribunal Act 1975 .
After “The Secretary may”, insert “, by legislative instrument,”.
Repeal the subsections, substitute:
(2) The revocation has effect from a day specified in the revocation, which must be after the day that the revocation is registered under the
Legislation Act 2003 .
After “Secretary may”, insert “, by legislative instrument,”.
Repeal the subsections.
Omit “or section 19”.
233
Subsection 3(1) (paragraphs (a) and (c) of the definition of examinable food ) Omit “under paragraph 16(2)(a)”, substitute “made for the purposes of paragraph 16(2)(a)”.
Omit “and, from time to time, to vary orders so made”.
Omit “under”, substitute “for the purposes of”.
Add:
(5) An order made by the Minister for the purposes of paragraph (2)(a) is a legislative instrument.
Note: The order may be varied or revoked by the Minister in the same way as it is made, and subject to the same conditions (see subsection 33(3) of the
Acts Interpretation Act 1901 ).
Repeal the section, substitute:
The Minister must not make an order for the purposes of paragraph 16(2)(a) without first consulting Food Standards Australia New Zealand.
Note: The order may be varied or revoked by the Minister in the same way as it is made, and subject to the same conditions (see subsection 33(3) of the
Acts Interpretation Act 1901 ).
Omit “by instrument published in the Chemical Gazette”, substitute “by legislative instrument”.
Repeal the subsection, substitute:
(2) In addition to the requirement under the
Legislation Act 2003 for the instrument to be registered, a copy of the instrument must be published in the Chemical Gazette. However, failure to publish a copy does not affect the validity or enforceability of the instrument.
Omit “writing”, substitute “legislative instrument”.
Repeal the subsection.
Omit “writing”, substitute “legislative instrument”.
Repeal the subsection.
Omit “written”, substitute “legislative”.
Repeal the subsection.
Omit “written”, substitute “legislative”.
Repeal the subsection.
Omit “written”, substitute “legislative”.
Repeal the subsection.
Omit “written”, substitute “legislative”.
Repeal the subsection.
Omit “written”, substitute “legislative”.
Repeal the subsection.
Omit “written”, substitute “legislative”.
Repeal the subsection.
Omit “(1) The ACMA may, by written”, substitute “The ACMA may, by legislative”.
Repeal the subsection.
Omit “written”, substitute “legislative”.
Repeal the subsection.
Omit “written notice”, substitute “notice under subsection (2)”.
Repeal the subsection, substitute:
(2) The Minister may, by legislative instrument, make a notice for the purposes of paragraph (1)(j).
Omit “written notice”, substitute “notice under subsection (2)”.
Repeal the subsection, substitute:
(2) The Minister may, by legislative instrument, make a notice for the purposes of paragraph (1)(d).
Omit “written determination made by the Minister”, substitute “determination made by the Minister under subsection (4)”.
Repeal the subsection, substitute:
(4) For the purposes of subsection (1) or (3), the Minister may, by legislative instrument, determine remuneration or allowances to be paid to a Board member.
Omit “determine in writing”, substitute “, by legislative instrument, determine”.
Repeal the subsection.
Omit “written determination made by the Minister”, substitute “determination made by the Minister under subsection (3)”.
Repeal the subsection, substitute:
(3) For the purposes of subsection (1) or (2), the Minister may, by legislative instrument, determine remuneration or allowances to be paid to the General Manager.
Omit “written determination made by the Minister”, substitute “determination made by the Minister under subsection (4)”.
Repeal the subsection, substitute:
(4) For the purposes of subsection (1) or (3), the Minister may, by legislative instrument, determine remuneration or allowances to be paid to a person appointed to an advisory committee.
Omit “, by order published in the
Gazette , prohibit or restrict”, substitute “, by legislative instrument, make an order that prohibits or restricts”.
Repeal the subsection.
Omit “of the
National Health Act 1953 ”.
Omit “written determination made by the Minister for the purposes of this subsection”, substitute “determination made by the Minister under subsection (5)”.
Repeal the heading, substitute:
Determinations are legislative instruments
Repeal the subsection, substitute:
(5) For the purposes of subsection (1), the Minister may, by legislative instrument, determine a person to be capable of giving an authorisation.
Omit “by written instrument”, substitute “by legislative instrument”.
Repeal the subsection.
Omit “written determination made by the Minister for the purposes of this subsection”, substitute “determination made by the Minister under subsection (4)”.
Repeal the subsection, substitute:
(4) For the purposes of subsection (1), the Minister may, by legislative instrument, determine a person to be capable of giving an authorisation.
Omit “under paragraph 92A(1)(f)”, substitute “for the purposes of paragraph 92A(1)(f)”.
Omit “in writing by the Secretary for the purposes of this paragraph”, substitute “by the Secretary under subsection (3)”.
Repeal the subsection, substitute:
(3) For the purposes of paragraph (2)(c), the Secretary may, by legislative instrument, determine kinds of documentary evidence.
Omit “under paragraph 92A(1)(f)”, substitute “for the purposes of paragraph 92A(1)(f)”.
Add “under subsection (1A)”.
Repeal the subsection, substitute:
(1A) For the purposes of paragraph (1)(f), the Minister may, by legislative instrument, determine conditions.
Omit “from time to time”, substitute “by legislative instrument”.
Repeal the section.
Omit “by written determination”, substitute “by legislative instrument”.
Repeal the subsection.
Omit “determine, in writing,”, substitute “, by legislative instrument, determine”.
Repeal the subsection.
Omit “(1) The Minister must, by writing”, substitute “The Minister must, by legislative instrument”.
Repeal the subsection.
Omit “notice in writing”, substitute “legislative instrument”.
Omit “written notice”, substitute “legislative instrument”.
Repeal the subsections, substitute:
(4) Guidelines take effect from:
(a) the first day they are no longer liable to be disallowed, or to be taken to have been disallowed, under section 42 of the
Legislation Act 2003 ; or(b) after that day, if the guidelines so provide.
Repeal the section.
Omit “In this Act, unless the contrary intention appears:”, substitute “(1) In this Act:”.
301
Section 3 (definition of declared remote area ) Omit “, in writing,”, substitute “under subsection (2)”.
302
Section 3 (paragraph (b) of the definition of emergency service organisation ) Omit “, in writing,”, substitute “under subsection (2)”.
Add:
(2) The Minister may, by legislative instrument, specify:
(a) an area for the purposes of the definition of
declared remote area in subsection (1); or(b) an organisation for the purposes of paragraph (b) of the definition of
emergency service organisation in subsection (1).
Omit “, in writing,”, substitute “under subsection (5A)”.
Insert:
(5A) The Minister may, by legislative instrument, specify a level for the purposes of this section.
Omit “in the
Gazette ”, substitute “under subsection (6)”.
Add:
(6) The Minister may, by legislative instrument, give a notice for the purposes of subsection (5) in relation to assets.
Repeal the section.
Omit “section 49A of the
Acts Interpretation Act 1901 ”, substitute “section 14 of theLegislation Act 2003 ”.
Repeal the subsection.
Repeal the subsections, substitute:
(3) An order is a legislative instrument.
Repeal the subsections, substitute:
(3) An order is a legislative instrument.
Omit “written”, substitute “legislative”.
Repeal the section.
Omit “notice published in the
Gazette ” substitute “legislative instrument”.
Repeal the subsection.
Repeal the section.
Omit “, by notice published in the
Gazette , require”, substitute “, by legislative instrument, give notice requiring”.
Repeal the subsection.
Omit “publishes”, substitute “gives”.
Omit “, by notice published in one or more newspapers circulating generally in the capital city of each State and Territory,”, substitute “, by legislative instrument,”.
Omit “notice” (last occurring), substitute “declaration”.
Insert:
(1A) A declaration under subsection (1) must be published:
(a) on the ACMA’s website; and
(b) in one or more other forms that are readily accessible by the public.
Example: Publication in a form mentioned in paragraph (b) could be publication on a website other than the ACMA’s website.
Repeal the subsections.
Omit “by written instrument”, substitute “by legislative instrument”.
Repeal the subsections.
Omit “by written instrument”, substitute “by legislative instrument”.
Repeal the subsections.
Omit “by written instrument”, substitute “by legislative instrument”.
Repeal the subsections.
Omit “by written instrument”, substitute “by legislative instrument”.
Repeal the subsections.
Omit “by notice in the
Gazette ”, substitute “by legislative instrument”.
Repeal the subsection.
Omit “written”, substitute “legislative”.
Repeal the subsection.
Omit “by written instrument”, substitute “by legislative instrument”.
Repeal the subsection.
Omit “writing”, substitute “legislative instrument”.
Repeal the subsection.
Omit “writing”, substitute “legislative instrument”.
Repeal the subsection.
Omit “make determinations in writing”, substitute “, by legislative instrument, make determinations”.
Repeal the subsections.
Repeal the section.
Omit “in writing”, substitute “by legislative instrument”.
Repeal the subsection.
348
Saving—validity and enforcement of instruments An amendment of an Act made by Part 2 of this Schedule does not affect the validity or enforceability of an instrument made under that Act before the commencement of this Schedule.
349
Transitional—change of provision under which instrument is made (1) This item applies if an amendment of an Act made by Part 2 of this Schedule has the effect of changing the provision of the Act under which an instrument may (expressly or by implication) be made, from one provision (the
pre‑amendment provision ) to another (thepost‑amendment provision ).(2) An instrument made, whether expressly or by implication, under the pre‑amendment provision that is in force immediately before the commencement of Part 2 of this Schedule continues in force on and after that commencement, and may be amended or repealed, as if the instrument had been made under the post‑amendment provision.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Acts and Instruments (Framework Reform) Act 2015 | 10, 2015 | 5 Mar 2015 | Sch 1–3: 5 Mar 2016 (s 2(1) item 2) Remainder: 5 Mar 2015 (s 2(1) item 1) | |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 3 (items 1, 6): 5 Mar 2016 (s 2(1) item 8) | Sch 3 (item 6) |
Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023 | 74, 2023 | 20 Sept 2023 | Sch 6 (item 1): 18 Oct 2023 (s 2(1) item 3) | — |
item 169............................. | am No 74, 2023 |
item 170............................. | rep No 126, 2015 |
item 178............................. | rep No 126, 2015 |
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