Acts and Instruments (Framework Reform) (Consequential Amendments) Regulation 2016 (Cth)
I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.
Dated 25 February 2016
Peter Cosgrove
Governor‑General
By His Excellency’s Command
George Brandis QC
Attorney‑General
Contents
This is the
Acts and Instruments (Framework Reform) (Consequential Amendments) Regulation 2016 .
(1) Each provision of this instrument 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.
The whole of this instrument | At the same time as Schedule 1 to the | 5 March 2016 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
This instrument is made under the following Acts:
(a) the
Airspace Act 2007 ;(b) the
Automotive Transformation Scheme Act 2009 ;(c) the
Civil Aviation Act 1988 ;(d) the
Competition and Consumer Act 2010 ;(e) the
Copyright Act 1968 ;(f) the
Customs Act 1901 ;(g) the
Explosives Act 1961 ;(h) the
Federal Circuit Court of Australia Act 1999 ;(i) the
Federal Court of Australia Act 1976 ;(j) the
Great Barrier Reef Marine Park Act 1975 ;(k) the
Hazardous Waste (Regulation of Exports and Imports) Act 1989 ;(l) the
Income Tax Assessment Act 1997 ;(m) the
Interstate Road Transport Charge Act 1985 ;(n) the
National Residue Survey (Customs) Levy Act 1998 ;(o) the
National Residue Survey (Excise) Levy Act 1998 ;(p) the
National Transport Commission Act 2003 ;(q) the
Primary Industries Levies and Charges Collection Act 1991 ;(r) the
Quarantine Act 1908 ;(s) the
Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional Provisions) Act 2011 ;(t) the
Work Health and Safety Act 2011 .
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Repeal the note.
Omit “
Legislative Instruments Act 2003 (see paragraph (a) of item 1B of Schedule 2 to theLegislative Instruments Regulations 2004 )”, substitute “Legislation Act 2003 (see regulations made for the purposes of paragraph 44(2)(b) of that Act)”.
Repeal the note.
Omit “
Legislative Instruments Act 2003 (see paragraph (b) of item 1B of Schedule 2 to theLegislative Instruments Regulations 2004 )”, substitute “Legislation Act 2003 (see regulations made for the purposes of paragraph 44(2)(b) of that Act)”.
Repeal the notes, substitute:
Note: A designation or determination made under this regulation is not subject to disallowance under section 42 of the
Legislation Act 2003 (see regulations made for the purposes of paragraph 44(2)(b) of that Act).
Repeal the notes, substitute:
Note: A direction given under this regulation is not subject to disallowance under section 42 of the
Legislation Act 2003 (see regulations made for the purposes of paragraph 44(2)(b) of that Act).
Omit “within the meaning of the
Legislative Instruments Act 2003 ”.
8
Subregulations 11.160(3), 11.185(5) and 11.245(1) (note 1) Omit “
Legislative Instruments Act 2003 ”, substitute “Legislation Act 2003 ”.
Omit “
Legislative Instruments Act 2003 ”, substitute “Legislation Act 2003 ”.
Repeal the note, substitute:
Note: A Manual of Standards is a legislative instrument—see subsections 98(5A) and (5B) of the Act. It must be registered in accordance with the
Legislation Act 2003 and must be tabled in both Houses of the Parliament within 6 sitting days after its making.
Repeal the note, substitute:
Note 1: A Manual of Standards is a legislative instrument: see subsections 98(5A) and (5B) of the
Civil Aviation Act 1988 .
Repeal the note, substitute:
Note: A Manual of Standards is a legislative instrument—see subsections 98(5A) and (5B) of the Act. It must be registered in accordance with the
Legislation Act 2003 and must be tabled in both Houses of the Parliament within 6 sitting days after its making.
Repeal the note, substitute:
Note:
Department means the Department administered by the Minister who administers these Regulations (see section 19A of theActs Interpretation Act 1901 as it applies because of section 13 of theLegislation Act 2003 ).
14
Subregulations 143.017(1), 171.017(1) and 172.022(1) (note) Repeal the note, substitute:
Note: A Manual of Standards is a legislative instrument—see subsections 98(5A) and (5B) of the Act. It must be registered in accordance with the
Legislation Act 2003 and must be tabled in both Houses of the Parliament within 6 sitting days after its making.
Omit “
Legislative Instruments Act 2003 ”, substitute “Legislation Act 2003 ”.
16
Item 1 of Schedule 7 (paragraph (b) of the note) Omit “under the
Legislative Instruments Act 2003 ”.
Omit “
Legislative Instruments Act 2003 ”, substitute “Legislation Act 2003 ”.
Repeal the section, substitute:
For subsection 120(4) of the Federal Circuit Court Act, subparagraph 14(1)(a)(ii) of the
Legislation Act 2003 applies in relation to the Federal Circuit Court as if that subparagraph were modified by adding “or the provisions of any rules of court” at the end.
Repeal the subregulation, substitute:
(6) The designation commences from the date it is registered on the Federal Register of Legislation, or a later date specified in it.
Note: A designation is a legislative instrument. All legislative instruments are registered on the Federal Register of Legislation.
20
Regulation 3 (note 2 at the end of the definition of recovery operation ) Omit “Legislative Instruments Act 2003”, substitute “
Legislation Act 2003 ”.
Omit “paragraph 15 (a) will have effect as if the name of the new Department were substituted, if the Governor‑General so orders—see the
Acts Interpretation Act 1901 , ss 19B (2), 19BA (2) and 46 (1) (a)”, substitute “section 19A of theActs Interpretation Act 1901 (applying because of section 13 of theLegislation Act 2003 ) explains how to interpret the reference to the Department of the Environment”.
Repeal the note, substitute:
Note: Defence Determination 2005/15 is a disallowable non‑legislative instrument under former section 46B of the
Acts Interpretation Act 1901 . Item 179 of Schedule 1 to theActs and Instruments (Framework Reform) Act 2015 allows the instrument to be registered as a legislative instrument on the Federal Register of Legislation.
23
Subregulation 960‑80.03(6) (definition of registered ) Omit “
Legislative Instruments Act 2003 ”, substitute “Legislation Act 2003 ”.
Repeal the regulation.
Repeal the notes, substitute:
Note 2: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 3: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 2: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 3: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 2: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 3: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 2: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 3: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 2: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 3: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 2: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 3: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 2: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 3: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 2: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 3: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 2: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 3: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 2: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 3: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 2: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 3: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 2: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 3: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Omit “(1) Under”, substitute “Under”.
Repeal the notes, substitute:
Note 2: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 3: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 2: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 3: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 1: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 2: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .
Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
Repeal the notes, substitute:
Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003 .Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the
Legislation Act 2003 .
63
Regulation 3 (note 1 at the end of the definition of Secretary ) Repeal the note, substitute:
Note 1:
Department means the Department administering these Regulations—see section 19A of theActs Interpretation Act 1901 as it applies because of section 13 of theLegislation Act 2003 .
Repeal the guide.
65
Section 3 (at the end of the definition of registration day ) Add:
Note: The Federal Register of Legislative Instruments became the Federal Register of Legislation established under the
Legislation Act 2003 .
Add:
Note: The Federal Register of Legislative Instruments became the Federal Register of Legislation established under the
Legislation Act 2003 .
Omit “
Legislative Instruments Act 2003 ”, substitute “Legislation Act 2003 ”.
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