Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

Overview

The Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 (Cth) was enacted by the Parliament of Australia on 10 September 2015 to provide for consequential amendments to various Acts and other provisions following the enactment of the Acts and Instruments (Framework Reform) Act 2015 (Cth). This Act ensures that references to the Legislative Instruments Act 2003 (Cth) are updated to the Legislation Act 2003 (Cth) across a broad range of existing legislation. The purpose of these amendments is to maintain consistency and clarity in the legislative framework by aligning the terminology and provisions with the new legislative instruments framework established by the Legislation Act 2003. The Act also includes provisions that address the commencement of certain legislative instruments and their retrospective application, ensuring that the transition to the new legislative regime is smooth and does not adversely affect existing legal obligations or rights.

Scope and Application

The Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 is a Commonwealth Act that enacts consequential amendments to a broad range of other legislation following the enactment of the Acts and Instruments (Framework Reform) Act 2015. The Act applies to various existing statutes and their associated legislative instruments, notifiable instruments, and rules of court, thereby ensuring that these instruments align with the new legislative framework introduced by the Acts and Instruments (Framework Reform) Act 2015. Specifically, the Act updates references from the former Legislative Instruments Act 2003 to the new Legislation Act 2003. This includes altering references to legislative instruments, modifying provisions about disallowance and sunsetting of instruments, and adjusting the commencement provisions of certain instruments to align with the updated legislative framework. The amendments touch upon numerous sectors, including health, education, defence, finance, and environmental protection, among others. The scope of the Act is extensive, affecting a wide array of legislative texts and the instruments made under them. The Act does not introduce new substantive laws but ensures that the existing legislative instruments remain valid and effective under the new legislative regime. The Act’s application is nationwide, given its enactment by the Commonwealth Parliament, and it extends to any legislative instruments made under the affected statutes post the commencement of the Legislation Act 2003. The Act also specifies different commencement dates for its various provisions, as detailed in the commencement table, which ensures a phased implementation aligned with the commencement of the Acts and Instruments (Framework Reform) Act 2015 and other related Acts.

Key Provisions

• The Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 (C2015A00126) primarily serves to make necessary adjustments to various pieces of legislation following the enactment of the Acts and Instruments (Framework Reform) Act 2015 and to establish provisions for legislative instruments, notifiable instruments, and rules of court. Section 1 of the Act provides that it may be cited as the Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015. Section 2 outlines the commencement dates for different parts of the Act, with some provisions starting on the day the Act receives Royal Assent (10 September 2015) and others on specified later dates. Section 3 details the schedules and the types of amendments they contain, including consequential, contingent, and technical amendments to existing Acts and court rules.
• The Act imposes several obligations and requirements on the parties and entities it governs. Most notably, it replaces references to the Legislative Instruments Act 2003 with the Legislation Act 2003 across numerous statutes, ensuring alignment with the new legislative framework. For instance, it modifies the Aboriginal and Torres Strait Islander Act 2005 by omitting references to the Legislative Instruments Act 2003 and substituting them with references to the Legislation Act 2003 in subsections 4(3), 142AA(1A), 151(4), 181A(8), and 191D(1B). This substitution applies uniformly across many acts, indicating a systemic update to the legislative referencing standards. Furthermore, the Act specifies that certain legislative instruments, directions, and determinations made under various Acts are not subject to disallowance or sunsetting provisions as outlined in the Legislation Act 2003. For example, under the Australian Charities and Not-for-profits Commission Act 2012, subsection 45-15(4) omits references to Part 3 of the Legislative Instruments Act 2003 and substitutes them with references to Section 17 (consultation) of the Legislation Act 2003. It also addresses the commencement and retrospective application of various legislative instruments, ensuring they either commence immediately upon being made or on a specified date, and often clarifying that certain provisions do not apply retroactively.
• In terms of penalties and consequences for breaches, the Act itself does not explicitly outline penalties for non-compliance with its provisions. However, the referenced Legislation Act 2003 and other amended Acts contain various penalties for breaches of their respective provisions. For example, under the Aged Care Act 1997, a person who commits an offence against certain provisions may be liable for a penalty, with the maximum penalty varying depending on the specific offence. Similarly, under the Environment Protection and Biodiversity Conservation Act 1999, subsection 324G(3) notes that section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination, and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the determination either, indicating specific legal protections for certain instruments. The Act ensures that certain legislative instruments, directions, and determinations are exempt from disallowance and sunsetting provisions, which can be seen as a regulatory measure to maintain the operational integrity of these instruments. The precise penalties for breaches of the amended Acts would need to be referred to in those respective Acts.

Legal classification tags

Area of Law

Administrative Law

Statutory Interpretation

Instrument

Act

Concepts

Definitions & Interpretation

Commencement Provisions

Repeal & Amendment

Delegation & Subordinate Legislation

Extraterritorial Application

Review & Sunset Clauses

Reporting & Disclosure Obligations

Enforcement Powers