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

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

No. 126, 2015

An Act to make provisions consequential on the enactment of the Acts and Instruments (Framework Reform) Act 2015 and other provisions relating to legislative instruments, notifiable instruments and rules of court, and for related purposes

Contents

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

No. 126, 2015

An Act to make provisions consequential on the enactment of the Acts and Instruments (Framework Reform) Act 2015 and other provisions relating to legislative instruments, notifiable instruments and rules of court, and for related purposes

[Assented to 10 September 2015]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015.

2Commencement

1. (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.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	10 September 2015
2. Schedule 1, Part 1	The later of: (a) the start of the day after this Act receives the Royal Assent; and (b) the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015.	5 March 2016 (paragraph (b) applies)
3. Schedule 1, Part 2	The later of: (a) the commencement of Part 1 of Schedule 1 to this Act; and (b) immediately after the commencement of Schedule 4 to the Intellectual Property Laws Amendment Act 2015. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.	24 February 2017 (paragraph (b) applies)
4. Schedule 2, Part 1	A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.	10 March 2016
5. Schedule 2, Part 2	At the same time as the provisions covered by table item 4. However, if that time is the same time as, or after, the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015, the provisions do not commence at all.	Never commenced
6. Schedule 2, Part 3	The later of: (a) the commencement of the provisions covered by table item 4; and (b) immediately after the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015.	10 March 2016 (paragraph (a) applies)
7. Schedule 2, Part 4	At the same time as the provisions covered by table item 4.	10 March 2016
8. Schedule 3	The later of: (a) the start of the day after this Act receives the Royal Assent; and (b) immediately after the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015.	5 March 2016 (paragraph (b) applies)

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.

1. (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.

3Schedules

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.

Schedule 1—Consequential amendments

Part 1Main amendments

Aboriginal and Torres Strait Islander Act 2005

1. 1

   Subsections 4(3), 142AA(1A), 151(4), 181A(8) and 191D(1B)

   Omit “for the purposes of the Legislative Instruments Act 2003”.

2

Clause 28 of Schedule 4 (note)

Omit “Legislative Instruments Act 2003” (wherever occurring), substitute “Legislation Act 2003”.

Aboriginal and Torres Strait Islander Heritage Protection Act 1984

3

Paragraph 14(1)(b)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Aged Care Act 1997

1. 4

   Subsection 63‑1AA(9) (note at the end of the definition of reportable assault)

   Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Aged Care (Living Longer Living Better) Act 2013

5

Subitem 1(2) of Schedule 5

Omit “paragraph 40(1)(a)”, substitute “subparagraph 40(1A)(a)(ii)”.

Age Discrimination Act 2004

6

Subsection 39(6)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Agricultural and Veterinary Chemicals Act 1994

7

Subsection 23(3)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Agricultural and Veterinary Chemicals Code Act 1994

8

Subsection 7(3)

Omit “Legislative Instruments Act 2003, section 42”, substitute “Legislation Act 2003, section 42 (disallowance)”.

9

Paragraph 7(6)(b)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

10

Subsection 163A(1) of the Code set out in the Schedule

Omit “Legislative Instruments Act 2003 but subject to subsection (2) of this section, section 42”, substitute “Legislation Act 2003 but subject to subsection (2) of this section, section 42 (disallowance)”.

Air Navigation Act 1920

11

Subsection 15A(8)

Omit “, but Part 6 of the Legislative Instruments Act 2003 does not apply to the determination”.

12

At the end of subsection 15A(8)

Add:

Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the determination: see regulations made for the purposes of paragraph 54(2)(b) of that Act.

Airports Act 1996

13

Subsection 155(1) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

14

Subsection 198(2A)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

15

Subclauses 5(3) and 9(1) of the Schedule (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Airspace Act 2007

16

Subsection 8(5)

Repeal the subsection, substitute:

Legislation Act 2003

1. (5)

   A statement made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the statement.

   Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the statement: see regulations made for the purposes of paragraph 54(2)(b) of that Act.

Albury‑Wodonga Development Corporation (Abolition) Act 2014

1. 17

   Item 8 of Schedule 1 (paragraph (c) of the definition of instrument)

   Omit “(within the meaning of the Legislative Instruments Act 2003)”.

A New Tax System (Family Assistance) (Administration) Act 1999

18

Subsection 50T(5)

Omit “for the purposes of the Legislative Instruments Act 2003”.

19

Section 206 (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

A New Tax System (Goods and Services Tax) Act 1999

20

Subsection 40‑75(2B) (note 2)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

21

Section 81‑25

Repeal the section, substitute:

81‑25Retrospective application of regulations

Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply in relation to regulations made for the purposes of subsection 81‑5(2) or 81‑10(2) or section 81‑15.

22

Subsection 177‑10(6)

Repeal the subsection, substitute:

1. (6)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply in relation to determinations made under subsection (5) of this section.

23

Section 195‑1 (definition of eligible Australian carbon credit unit)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006

1. 24

   Section 5 (note 3 at the end of the definition of threshold transaction)

   Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

25

Subsection 6(2) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

26

Section 33 (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

27

Subsections 41(5), 90(1), (2) and (3) and 91(1), (2) and (3) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

28

Subsection 102(2) (notes 1 and 2)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

29

Section 103

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

30

Subsection 245(10) (heading)

Repeal the heading, substitute:

Legislation Act 2003

31

Paragraph 249(a)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Asbestos Safety and Eradication Agency Act 2013

32

Subsections 14(1) and 30(1) (note)

Repeal the note, substitute:

Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).

Auditor‑General Act 1997

1. 33

   Subclauses 1(1) of Schedule 1 and 1(2) of Schedule 2 (note)

   Omit “19A”, substitute “19”.

Australia Council Act 2013

34

Subsection 12(1) (notes 1 and 2)

Repeal the notes, substitute:

Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to a direction—see regulations made for the purposes of paragraph 44(2)(b) of that Act.

Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to a direction—see regulations made for the purposes of paragraph 54(2)(b) of that Act.

Australian Aged Care Quality Agency Act 2013

35

Subsection 14(4) (notes 1 and 2)

Repeal the notes, substitute:

Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the direction: see regulations made for the purposes of paragraph 44(2)(b) of that Act.

Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the direction: see regulations made for the purposes of paragraph 54(2)(b) of that Act.

Australian Capital Territory (Planning and Land Management) Act 1988

36

Section 52

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Australian Capital Territory (Self‑Government) Act 1988

1. 37

   Section 3 (definition of Commonwealth Minister)

   Omit “19A”, substitute “19”.

38

Section 33

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Australian Charities and Not‑for‑profits Commission Act 2012

39

Subsection 45‑15(4)

Omit “Part 3 of the Legislative Instruments Act 2003”, substitute “Section 17 (consultation) of the Legislation Act 2003”.

40

Section 45‑20

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

41

Subsection 50‑15(4)

Omit “Part 3 of the Legislative Instruments Act 2003”, substitute “Section 17 (consultation) of the Legislation Act 2003”.

42

Section 50‑20

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Australian Citizenship Act 2007

43

Subsection 15(4)

Repeal the subsection, substitute:

Retrospective application of instruments

1. (4)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the instrument.

Australian Communications and Media Authority Act 2005

44

Subsection 53(1)

Omit “for the purposes of the Legislative Instruments Act 2003”.

Australian Education Act 2013

45

Subsection 14(3)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

46

Subsection 130(4)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Australian Energy Market Act 2004

47

Subsections 13F(1), (2) and (3)

Omit “for the purposes of the Legislative Instruments Act 2003”.

Australian Hearing Services Act 1991

48

Subsections 8(4) to (8) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Australian Human Rights Commission Act 1986

49

Subsection 47(3)

Omit “Part 6 (sunsetting) of the Legislative Instruments Act 2003”, substitute “Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003”.

Australian Jobs Act 2013

50

Subsection 84(1) (note 2)

Repeal the note, substitute:

Note 2: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the direction (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).

Australian National Registry of Emissions Units Act 2011

51

Section 4 (definition of Kyoto rules)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

52

Subsection 36(1) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

53

Subsection 95(2)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Australian Organ and Tissue Donation and Transplantation Authority Act 2008

54

Subsection 30(4) (notes 1 and 2)

Repeal the notes, substitute:

Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the direction—see regulations made for the purposes of paragraph 44(2)(b) of that Act.

Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the direction—see regulations made for the purposes of paragraph 54(2)(b) of that Act.

Australian Passports Act 2005

55

Subsection 52(3)

Omit “for the purposes of the Legislative Instruments Act 2003”.

Australian Postal Corporation Act 1989

56

Subsection 30(2)

Repeal the subsection, substitute:

1. (2)

   A regulation made for the purposes of paragraph (1)(q) may not commence earlier than the day after the last day on which the regulation may be disallowed under Part 2 of Chapter 3 of the Legislation Act 2003.

Australian Renewable Energy Agency Act 2011

57

Subsections 20(2) and 22(6)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Australian Research Council Act 2001

58

Subsection 60(4) (note)

Omit “subsection 44(2) of the Legislative Instruments Act 2003”, substitute “regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003”.

Australian Security Intelligence Organisation Act 1979

59

Subsection 34C(5)

Omit “neither section 42 nor Part 6 of the Legislative Instruments Act 2003 applies”, substitute “section 42 (disallowance) of the Legislation Act 2003 does not apply”.

60

At the end of subsection 34C(5)

Add:

Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the statement: see regulations made for the purposes of paragraph 54(2)(b) of that Act.

Australian Sports Anti‑Doping Authority Act 2006

61

Subsection 12(2)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Australian Transaction Reports and Analysis Centre Industry Contribution Act 2011

62

Subsection 7(1) (definition of census day)

Repeal the definition, substitute:

census day, for a financial year, means:

1. (a)

   1 July in that financial year; or

2. (b)

   if the AUSTRAC CEO determines, by legislative instrument, another day in that financial year—that day.

63

Paragraph 9(3)(d)

Omit “despite subsection 12(2) of the Legislative Instruments Act 2003,”.

64

Subsection 9(4)

Repeal the subsection, substitute:

Retrospective application of determinations

1. (4)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to a determination made for the purposes of subsection (1).

65

Application of amendments

The amendments of the Australian Transaction Reports and Analysis Centre Industry Contribution Act 2011 made by this Part apply to census days, and instalments of levy payable, for financial years starting on or after 1 July 2015.

Autonomous Sanctions Act 2011

66

Subsection 10(3)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Aviation Transport Security Act 2004

67

Subsection 65B(1) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

68

Subsection 65B(3) (note)

Omit “Part 3 of the Legislative Instruments Act 2003”, substitute “section 17 of the Legislation Act 2003”.

Banking Act 1959

69

Subsections 5(4), (7) and (8) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

70

Subsection 5(9)

Omit “neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies”, substitute “section 42 (disallowance) of the Legislation Act 2003 does not apply”.

71

At the end of subsection 5(9)

Add:

Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the declaration or amendment: see regulations made for the purposes of paragraph 54(2)(b) of that Act.

72

Subsection 5(10)

Repeal the subsection, substitute:

1. (10)

   Despite subsection 12(1) of the Legislation Act 2003, the declaration or amendment commences from the time it is made.

2. (11)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the declaration or amendment.

73

Paragraph 11AF(7BA)(b)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

74

Subsection 16AD(6)

Repeal the subsection, substitute:

Declaration or amendment not disallowable

1. (6)

   A declaration made under subsection (1), or an amendment of the declaration, is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration or amendment.

   Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the declaration or amendment: see regulations made for the purposes of paragraph 54(2)(b) of that Act.

75

Paragraph 16AD(7)(a)

Repeal the paragraph, substitute:

1. (a)

   commences from the time it is made, despite subsection 12(1) of the Legislation Act 2003; and

76

After subsection 16AD(7)

Insert:

1. (7A)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the declaration or amendment.

77

Subsection 16AD(8)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

78

Subsections 69(1B) to (1E) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

79

Subsections 70C(7) and (8)

Repeal the subsections, substitute:

Authorisation or amendment not disallowable

1. (7)

   An authorisation or amendment made under this section is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the authorisation or amendment.

   Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the authorisation or amendment: see regulations made for the purposes of paragraph 54(2)(b) of that Act.

When authorisation or amendment commences

1. (8)

   Despite subsection 12(1) of the Legislation Act 2003, the authorisation or amendment commences from the time it is made.

2. (9)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the authorisation or amendment.

Bankruptcy Act 1966

80

Subsection 116(2E)

Repeal the subsection, substitute:

1. (2E)

   Nothing in this Act or the Legislation Act 2003 prevents regulations made for the purposes of paragraph (2)(k), (l), (m) or (ma) from applying to amounts paid before the regulations commence.

81

Section 186Q (note)

Omit “Part 3 of the Legislative Instruments Act 2003”, substitute “section 17 of the Legislation Act 2003”.

Broadcasting Services Act 1992

82

Subsection 103L(7)

Omit “for the purposes of the Legislative Instruments Act 2003”.

83

Subsection 103L(7) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

84

Subsections 121G(14) and 122(7) (note)

Repeal the note, substitute:

Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the direction (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).

85

Subsections 130B(7), 130BA(7), 130BB(7), 146C(1) and (2), 146CA(1) and (2) and 212B(6) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

86

Subsection 215(4) (note)

Omit “Part 3 of the Legislative Instruments Act 2003”, substitute “section 17 of the Legislation Act 2003”.

87

Subclauses 8(2), 40(5), 60(5) and 91(2), (4) and (5) of Schedule 5 (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

88

Subclauses 3(7), 4(7), 13(8), 15(8), 21(8) and 27(1) of Schedule 6 (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

89

Clause 2 of Schedule 7 (note 3 at the end of the definition of content service)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

90

Clause 2 of Schedule 7 (note at the end of the definitions of exempt internet directory service and exempt internet search engine service)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

91

Clause 2 of Schedule 7 (note 3 at the end of the definition of exempt point‑to‑point content service)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

92

Clause 4 of Schedule 7 (note 3)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

93

Subclause 14(1) of Schedule 7 (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Carbon Credits (Carbon Farming Initiative) Act 2011

1. 94

   Section 5 (note at the end of the definition of land rights land)

   Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

95

Subsection 7A(2)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

96

Subsection 23(1) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

97

Subsection 23(5)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

98

Subsection 27(5) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

99

Subsections 53A(2), 56(3), 69(8) and 106(7) and (9)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

100

Section 123B (note)

Repeal the note, substitute:

Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the direction (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).

101

Subsections 133(4) and (5) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

102

Subsection 304(2)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Carriage of Goods by Sea Act 1991

103

Section 9A

Omit “, but Part 6 of the Legislative Instruments Act 2003 does not apply to the determination”.

104

Section 9A (note)

After “Note”, insert “1”.

105

At the end of section 9A

Add:

Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the determination: see regulations made for the purposes of paragraph 54(2)(b) of that Act.

Charter of the United Nations Act 1945

106

Subsection 6(3)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Chemical Weapons (Prohibition) Act 1994

107

Subsections 8B(3) and 10(9) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Civil Aviation Act 1988

1. 108

   Section 3 (definition of civil aviation legislation)

   Omit “(within the meaning of the Legislative Instruments Act 2003)” (wherever occurring).

109

Subsection 98(4B)

Omit “, but Part 6 of the Legislative Instruments Act 2003 does not apply to the order”.

110

At the end of subsection 98(4B)

Add:

Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the order (see regulations made for the purposes of paragraph 54(2)(b) of that Act).

111

Subsection 98(5AAA)

Omit “, but Part 6 of the Legislative Instruments Act 2003 does not apply to the Order”.

112

At the end of subsection 98(5AAA)

Add:

Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the Order (see regulations made for the purposes of paragraph 54(2)(b) of that Act).

113

Paragraph 98(5AA)(c)

Omit “product;”, substitute “product.”.

114

Subsection 98(5AA)

Omit “but Part 6 of the Legislative Instruments Act 2003 does not apply to the instrument.”.

115

At the end of subsection 98(5AA)

Add:

Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).

116

Paragraph 98(5B)(c)

Omit “standard;”, substitute “standard.”.

117

Subsection 98(5B)

Omit “but Part 6 of the Legislative Instruments Act 2003 does not apply to the instrument.”.

118

At the end of subsection 98(5B)

Add:

Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).

119

Subsection 98(5D)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Clean Energy Legislation (Carbon Tax Repeal) Act 2014

120

Subitem 359(2) of Schedule 1

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

121

At the end of item 359 of Schedule 1

Add:

1. (3)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the rules.

Clean Energy Regulator Act 2011

122

Subsection 41(1) (note 2)

Repeal the note, substitute:

Note 2: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the direction (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).

Coal Mining Industry (Long Service Leave) Administration Act 1992

1. 123

   Subsection 4(1) (note at the end of the definition of eligible employee)

   Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Commonwealth Bank Sale Act 1995

124

Subsection 19(3)

Repeal the subsection, substitute:

1. (3)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to regulations that are made under this section and that commence at or after the transfer time.

Commonwealth Electoral Act 1918

125

Subsection 375(1)

Omit “(1) The”, substitute “The”.

126

Subsection 375(1) (note)

Omit “Legislative Instruments Act 2003” (wherever occurring), substitute “Legislation Act 2003”.

Commonwealth Places (Mirror Taxes) Act 1998

127

Subsection 25(2)

Omit “of the Legislative Instruments Act 2003”, substitute “(retrospective application of legislative instruments) of the Legislation Act 2003”.

Competition and Consumer Act 2010

128

Subsection 44PA(7) (heading)

Repeal the heading, substitute:

Legislation Act 2003

129

Subsection 44PA(7)

Omit “for the purposes of the Legislative Instruments Act 2003”.

130

Subsection 44PB(4) (heading)

Repeal the heading, substitute:

Legislation Act 2003

131

Subsections 44PB(4) and 44V(6)

Omit “for the purposes of the Legislative Instruments Act 2003”.

132

Subsection 44ZNA(9) (heading)

Repeal the heading, substitute:

Legislation Act 2003

133

Subsection 44ZNA(9)

Omit “for the purposes of the Legislative Instruments Act 2003”.

134

Subsection 44ZNB(8) (heading)

Repeal the heading, substitute:

Legislation Act 2003

135

Subsection 44ZNB(8)

Omit “for the purposes of the Legislative Instruments Act 2003”.

136

Subsection 44ZZCB(8) (heading)

Repeal the heading, substitute:

Legislation Act 2003

137

Subsection 44ZZCB(8)

Omit “for the purposes of the Legislative Instruments Act 2003”.

138

Subsection 87Y(2)

Repeal the subsection, substitute:

1. (2)

   A regulation made for the purposes of paragraph (1)(a) does not commence before the end of the period of 6 months starting:

   1. (a)

      if the regulation is laid before each House of the Parliament under section 38 of the Legislation Act 2003 on the same day—on that day; or

   2. (b)

      if it is laid before each House of the Parliament under that section on different days—on the later of those days.

139

Subsection 10.72A(1) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

140

Section 131E (heading)

Repeal the heading, substitute:

131EApplication of the Legislation Act 2003

1. 141

   Subsections 151BUAA(1B) and 151BUD(1) and (3) (note)

   Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

142

Subsections 152AL(9), (10) and (11)

Omit “for the purposes of the Legislative Instruments Act 2003”.

143

Paragraphs 152AL(12)(c) and (d)

Omit “for the purposes of the Legislative Instruments Act 2003”.

144

Subsection 152AL(13)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

145

Subsections 152ALA(10) and (11)

Omit “for the purposes of the Legislative Instruments Act 2003”.

146

Subsection 152ALA(12)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

147

Subsections 152AR(4B) and (4C) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

148

Subsections 152ELA(8) and 152ELC(3)

Omit “for the purposes of the Legislative Instruments Act 2003”.

Copyright Act 1968

149

Subsection 249(2) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Criminal Code Act 1995

1. 150

   Subparagraph 9.4(2)(c)(i) of the Criminal Code

   Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

151

Subsection 80.1AA(2) of the Criminal Code

Repeal the subsection, substitute:

1. (2)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to a Proclamation made for the purpose of paragraph (1)(b).

2. (2A)

   Despite subsection 12(3) of the Legislation Act 2003, a Proclamation made for the purpose of paragraph (1)(b) of this section must not commence before the day on which the Proclamation is made.

152

Subsection 102.1(6) of the Criminal Code

Repeal the subsection.

153

Subsection 102.1A(3) of the Criminal Code

Omit “Part 5 of the Legislative Instruments Act 2003”, substitute “Part 2 of Chapter 3 of the Legislation Act 2003”.

154

Subsection 102.1A(4) of the Criminal Code

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

155

Subsection 119.3(4) (note) of the Criminal Code

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

156

Subsection 119.3(7) of the Criminal Code

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

157

Paragraph 301.16(1)(a) of the Criminal Code

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

158

Subsections 301.16(3) and 301.17(1) of the Criminal Code

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Cross‑Border Insolvency Act 2008

159

Section 9 (note 2)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Customs Act 1901

160

Subsections 71AAAE(1) and (2) (note 2)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

161

Subsections 153ZLB(6), 153ZMB(6), 153ZNB(6), 269SC(8) and 269SD(6)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Customs Tariff Act 1995

162

Subsection 16A(5)

Omit “Despite subsection 12(2) of the Legislative Instruments Act 2003, if”, substitute “If”.

Dairy Produce Act 1986

163

At the end of subclause 94(1) of Schedule 2

Add:

Note: After the declaration was registered, the Legislative Instruments Act 2003 was renamed as the Legislation Act 2003.

Data‑matching Program (Assistance and Tax) Act 1990

164

Subsection 3A(3)

Omit “Federal Register of Legislative Instruments under the Legislative Instruments Act 2003”, substitute “Federal Register of Legislation under the Legislation Act 2003”.

165

Subsection 12(6)

Omit “Legislative Instruments Act 2003, rules issued under this section take effect”, substitute “Legislation Act 2003, rules issued under this section commence”.

Defence Housing Australia Act 1987

166

Subsection 6(5)

Omit “and Part 6 of the Legislative Instruments Act 2003 do”, substitute “(disallowance) of the Legislation Act 2003 does”.

167

At the end of subsection 6(5)

Add:

Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the determination: see regulations made for the purposes of paragraph 54(2)(b) of that Act.

Defence (Special Undertakings) Act 1952

168

Subsection 15(1)

Omit “for the purposes of the Legislative Instruments Act 2003”.

Defence Trade Controls Act 2012

169

Subsection 36(5)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Dental Benefits Act 2008

170

Subsections 18(2) and 21(2) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

171

Subsection 60(4)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Designs Act 2003

172

Subsection 5A(2)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

DisabilityCare Australia Fund Act 2013

173

Subsection 29(11) (notes 1 and 2)

Repeal the notes, substitute:

Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the direction—see regulations made for the purposes of paragraph 44(2)(b) of that Act.

Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the direction—see regulations made for the purposes of paragraph 54(2)(b) of that Act.

174

Subsection 31(2) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Education Services for Overseas Students Act 2000

175

Subsection 175(1) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

176

Subsections 176B(2) and 176C(2)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Education Services for Overseas Students (TPS Levies) Act 2012

177

Subsection 11(4)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Enhancing Online Safety for Children Act 2015

178

Subsections 67(4) and 70(1) (note 2)

Repeal the note, substitute:

Note 2: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the direction (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).

179

Subsection 73(2)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Environment Protection and Biodiversity Conservation Act 1999

180

Subsections 25A(1) and 28AA(1) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

181

Subsection 184(1)

Omit “(1)”.

182

At the end of subsection 184(1)

Add:

Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument. See regulations made for the purposes of paragraph 54(2)(b) of that Act.

183

Subsection 184(2)

Repeal the subsection.

184

Subsection 194C(3)

Omit “neither section 42 nor Part 6 of the Legislative Instruments Act 2003 applies”, substitute “section 42 (disallowance) of the Legislation Act 2003 does not apply”.

185

At the end of subsection 194C(3)

Add:

Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the determination. See regulations made for the purposes of paragraph 54(2)(b) of that Act.

186

Subsection 194D(4)

Omit “of the Legislative Instruments Act 2003”, substitute “(disallowance) of the Legislation Act 2003”.

187

Subsection 209(7)

Omit “neither section 42 nor Part 6 of the Legislative Instruments Act 2003 applies”, substitute “section 42 (disallowance) of the Legislation Act 2003 does not apply”.

188

At the end of subsection 209(7)

Add:

Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the list or any amendments. See regulations made for the purposes of paragraph 54(2)(b) of that Act.

189

Subsection 324G(3)

Omit “neither section 42 nor Part 6 of the Legislative Instruments Act 2003 applies”, substitute “section 42 (disallowance) of the Legislation Act 2003 does not apply”.

190

At the end of subsection 324G(3)

Add:

Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the determination. See regulations made for the purposes of paragraph 54(2)(b) of that Act.

191

Subsection 324H(3)

Omit “of the Legislative Instruments Act 2003”, substitute “(disallowance) of the Legislation Act 2003”.

192

Subsection 341G(3)

Omit “neither section 42 nor Part 6 of the Legislative Instruments Act 2003 applies”, substitute “section 42 (disallowance) of the Legislation Act 2003 does not apply”.

193

At the end of subsection 341G(3)

Add:

Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the determination. See regulations made for the purposes of paragraph 54(2)(b) of that Act.

194

Paragraphs 390SD(4)(a) and 390SF(3)(a)

Omit “Federal Register of Legislative Instruments”, substitute “Federal Register of Legislation”.

195

Subsection 390SG(2)

Omit “Federal Register of Legislative Instruments”, substitute “Federal Register of Legislation”.

196

Section 528

Insert:

Federal Register of Legislation means the Federal Register of Legislation established under the Legislation Act 2003.

197

Section 528 (definition of Federal Register of Legislative Instruments)

Repeal the definition.

198

Subclause 4(2) of Schedule 1

Omit “, but neither section 42 nor Part 6 of the Legislative Instruments Act 2003 applies to the direction”.

199

At the end of subclause 4(2) of Schedule 1

Add:

Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the direction. See regulations made for the purposes of paragraph 44(2)(b) of that Act.

Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the direction. See regulations made for the purposes of paragraph 54(2)(b) of that Act.

Excise Act 1901

200

Subsection 65(3)

Omit “take effect”, substitute “commence”.

201

Subsection 65(3) (note)

Repeal the note, substitute:

Note: Section 12 of the Legislation Act 2003 deals with when a legislative instrument commences.

202

Section 164A

Repeal the section, substitute:

164AEffect of regulations relating to condensate

1. (1)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to regulations made for the purposes of this Act in relation to condensate.

2. (2)

   Subsection 12(3) (retrospective commencement of legislative instruments) of the Legislation Act 2003 does not apply to regulations that create, modify or otherwise affect a provision that makes a person liable to an offence or civil penalty.

Excise Tariff Act 1921

203

Subsection 6CA(1A) (note)

Repeal the note, substitute:

Note: A by‑law may be expressed to commence before the day it is registered under the Legislation Act 2003 (see subsection 12(3) of that Act).

204

Subsection 6CA(1D)

Repeal the subsection, substitute:

1. (1D)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to regulations specifying a reservoir, or a group of reservoirs, for the purposes of paragraph (1B)(b) of this section.

205

Subsection 6CA(13)

Repeal the subsection, substitute:

1. (13)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to a by‑law prescribing a condensate production area.

Export Inspection and Meat Charges Collection Act 1985

206

Section 17 (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Export Inspection (Quantity Charge) Act 1985

207

Subsection 7(1) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Export Market Development Grants Act 1997

1. 208

   Subsection 107(1) (note at the end of the definition of non‑tourism service)

   Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Fair Work Act 2009

209

Subsection 14(5)

Omit “neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies”, substitute “section 42 (disallowance) of the Legislation Act 2003 does not apply”.

210

At the end of subsection 14(5)

Add:

Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the endorsement, revocation or amendment (see regulations made for the purposes of paragraph 54(2)(b) of that Act).

211

Subsection 31(1) (note 2)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

212

Subsection 684(1) (note)

Repeal the note, substitute:

Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the direction (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).

213

Subsection 789DE(6)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

214

Subclause 7(5) of Schedule 1

Repeal the subclause, substitute:

Retrospective application of regulations

1. (5)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to regulations made for the purposes of subclause (1) or (3) of this clause.

215

Subclause 32(4) of Schedule 3

Repeal the subclause, substitute:

1. (4)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to:

   1. (a)

      regulations relating to the amendments and repeals made by Schedule 9 to the amending Act; and

   2. (b)

      regulations made for the purposes of subclause (2).

Fair Work (Building Industry) Act 2012

216

Subsection 11(4)

Omit “section 44 of the Legislative Instruments Act 2003, section 42”, substitute “regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance)”.

217

Subsections 27(5), 29(4) and 31(4)

Omit “for the purposes of the Legislative Instruments Act 2003”.

218

Subsection 31(5)

Omit “section 44 of the Legislative Instruments Act 2003, section 42”, substitute “regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance)”.

219

Subsections 60(5) and (6)

Omit “for the purposes of the Legislative Instruments Act 2003”.

220

Subsection 78(3)

Repeal the subsection.

Fair Work (Registered Organisations) Act 2009

221

Subsection 158A(3)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

222

Subitem 10(2) of Schedule 2

Repeal the subitem, substitute:

(2) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the regulations.

223

Paragraph 10(3)(a) of Schedule 2

Repeal the paragraph, substitute:

1. (a)

   regulations are expressed to commence from a date (the registration date) before the regulations are registered under the Legislation Act 2003; and

Family Law Act 1975

224

Subsection 33C(7)

Omit “take effect”, substitute “commence”.

Federal Circuit Court of Australia Act 1999

225

Subsection 10AA(2) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

226

Subsection 41(9)

Omit “take effect”, substitute “commence”.

Federal Financial Relations Act 2009

1. 227

   Subsections 8(3), 9(5), 12(3), 13(3), 14(3), 15A(2) and 16(5)

   Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

First Home Saver Accounts Act 2008

228

Subsections 17A(3) and (4) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Fisheries Levy Act 1984

229

Subsection 8(2)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Fisheries Management Act 1991

230

Subsection 168(3)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Future Fund Act 2006

231

Section 6 (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

232

Subsection 18(9)

Repeal the subsection, substitute:

1. (9)

   A direction under subsection (1) is a legislative instrument.

   Note: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the direction—see regulations made for the purposes of paragraph 44(2)(b) of that Act.

233

Subsection 19(2) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

234

Subsections 20(6), 24(9), 54(5) and (6), 72(3) and (7) and 83(3)

Omit “for the purposes of the Legislative Instruments Act 2003”.

235

Subclauses 2(4) and 3(5) of Schedule 1

Omit “for the purposes of the Legislative Instruments Act 2003, but section 42 of that Act”, substitute “, but section 42 (disallowance) of the Legislation Act 2003”.

236

Subclauses 6(7), 8(11) and 9(3) of Schedule 1

Omit “for the purposes of the Legislative Instruments Act 2003”.

237

Subclauses 2(2) and 3(9) of Schedule 3

Omit “for the purposes of the Legislative Instruments Act 2003”.

Governor‑General Act 1974

238

Subsection 4AA(11)

Omit “for the purposes of the Legislative Instruments Act 2003”.

239

Subsection 4AA(12)

Omit “section 44 of the Legislative Instruments Act 2003, section 42”, substitute “regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance)”.

240

Subsection 4AH(2)

Omit “subsection 44(2) of the Legislative Instruments Act 2003”, substitute “regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003”.

Great Barrier Reef Marine Park Act 1975

241

Subsections 34(9) and 35C(7)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

242

Section 35D

Omit “neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies”, substitute “section 42 (disallowance) of the Legislation Act 2003 does not apply”.

243

At the end of section 35D

Add:

Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the plan (see regulations made for the purposes of paragraph 54(2)(b) of that Act).

244

Subsection 35E(1) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

245

Paragraph 35F(1)(a)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

246

Subsection 37(2A)

Omit “neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies”, substitute “section 42 (disallowance) of the Legislation Act 2003 does not apply”.

247

At the end of subsection 37(2A)

Add:

Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the amendment (see regulations made for the purposes of paragraph 54(2)(b) of that Act).

248

Subsection 37(4A)

Omit “neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies”, substitute “section 42 (disallowance) of the Legislation Act 2003 does not apply”.

249

At the end of subsection 37(4A)

Add:

Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the revocation (see regulations made for the purposes of paragraph 54(2)(b) of that Act).

250

Subsection 37A(3)

Omit “neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies”, substitute “section 42 (disallowance) of the Legislation Act 2003 does not apply”.

251

At the end of subsection 37A(3)

Add:

Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the amendment (see regulations made for the purposes of paragraph 54(2)(b) of that Act).

252

Subsection 66(13)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Healthcare Identifiers Act 2010

253

Subsection 32(1) (notes 1 and 2)

Repeal the notes, substitute:

Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the direction—see regulations made for the purposes of paragraph 44(2)(b) of that Act.

Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the direction—see regulations made for the purposes of paragraph 54(2)(b) of that Act.

254

Subsection 37(7)

Omit “Neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies”, substitute “Section 42 (disallowance) of the Legislation Act 2003 does not apply”.

255

At the end of subsection 37(7)

Add:

Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to such a declaration or revocation (see subsection 54(1) of that Act).

Health Insurance Act 1973

256

Subsection 10B(1) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Hearing Services Administration Act 1997

257

Subsection 5(3) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Higher Education Funding Act 1988

258

Section 110

Omit “for the purposes of the Legislative Instruments Act 2003”.

Higher Education Support Act 2003

259

Subsection 16‑5(3)

Omit “Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act 2003”, substitute “Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003”.

260

Subsection 16‑55(2)

Repeal the subsection, substitute:

1. (2)

   A decision of the Minister to approve a body corporate as a higher education provider takes effect when the notice of approval commences under the Legislation Act 2003.

   Note: Section 12 of the Legislation Act 2003 provides for when a legislative instrument commences.

261

Subsection 16‑70(4)

Repeal the subsection, substitute:

1. (4)

   The variation takes effect when the notice of variation commences under the Legislation Act 2003.

   Note: Section 12 of the Legislation Act 2003 provides for when a legislative instrument commences.

262

Paragraph 22‑1(1)(c)

Omit “Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act 2003”, substitute “Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003”.

263

Subsection 22‑2(2)

Omit “*Federal Register of Legislative Instruments”, substitute “*Federal Register of Legislation”.

264

Subsection 22‑2(3)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

265

Subsections 22‑2(4) and 22‑3(2)

Omit “*Federal Register of Legislative Instruments”, substitute “*Federal Register of Legislation”.

266

Subsection 22‑3(3)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

267

Subsection 22‑3(4)

Omit “*Federal Register of Legislative Instruments”, substitute “*Federal Register of Legislation”.

268

Paragraph 22‑20(3)(c)

Omit “*Federal Register of Legislative Instruments”, substitute “*Federal Register of Legislation”.

269

Subsection 22‑20(5)

Omit “*Federal Register of Legislative Instruments”, substitute “*Federal Register of Legislation”.

270

Subsection 22‑20(6)

Omit “Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act 2003”, substitute “Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003”.

271

Subdivision 22‑E (heading)

Repeal the heading, substitute:

Subdivision 22‑E—Notice of approval or revocation ceasing to have effect under the Legislation Act 2003

272

Section 22‑45 (heading)

Repeal the heading, substitute:

22‑45Notice of approval ceasing to have effect under the Legislation Act 2003

273

Paragraph 22‑45(1)(b)

Omit “Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act 2003”, substitute “Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003”.

274

Section 22‑50 (heading)

Repeal the heading, substitute:

22‑50Notice of revocation ceasing to have effect under the Legislation Act 2003

275

Paragraph 22‑50(1)(b)

Omit “Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act 2003”, substitute “Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003”.

276

Subsection 137‑18(2) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

277

Subsections 187‑1(7), 193‑5(5) and 193‑10(5)

Omit “for the purposes of the Legislative Instruments Act 2003”.

278

Subclause 5(2) of Schedule 1A

Omit “Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act 2003”, substitute “Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003”.

279

Subclause 12(2) of Schedule 1A

Repeal the subclause, substitute:

1. (2)

   A decision of the Minister to approve a body as a *VET provider takes effect when the notice of approval commences under the Legislation Act 2003.

   Note: Section 12 of the Legislation Act 2003 provides for when a legislative instrument commences.

280

Subclause 12C(4) of Schedule 1A

Repeal the subclause, substitute:

1. (2)

   The variation takes effect when the notice of variation commences under the Legislation Act 2003.

   Note: Section 12 of the Legislation Act 2003 provides for when a legislative instrument commences.

281

Subsection 17(4) of Schedule 1A

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

282

Paragraph 29(c) of Schedule 1A

Omit “Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act 2003”, substitute “Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003”.

283

Subclause 29B(2) of Schedule 1A

Omit “*Federal Register of Legislative Instruments”, substitute “*Federal Register of Legislation”.

284

Subclause 29B(3) of Schedule 1A

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

285

Subclauses 29B(4) and 29C(2) of Schedule 1A

Omit “*Federal Register of Legislative Instruments”, substitute “*Federal Register of Legislation”.

286

Subclause 29C(3) of Schedule 1A

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

287

Subclause 29C(4) of Schedule 1A

Omit “*Federal Register of Legislative Instruments”, substitute “*Federal Register of Legislation”.

288

Paragraph 34(3)(c) of Schedule 1A

Omit “*Federal Register of Legislative Instruments”, substitute “*Federal Register of Legislation”.

289

Subclause 34(5) of Schedule 1A

Omit “*Federal Register of Legislative Instruments”, substitute “*Federal Register of Legislation”.

290

Subclause 34(6) of Schedule 1A

Omit “Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act 2003”, substitute “Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003”.

291

Subdivision 5‑E of Schedule 1A (heading)

Repeal the heading, substitute:

Subdivision 5‑E—Notice of approval or revocation ceasing to have effect under the Legislation Act 2003

292

Clause 39A of Schedule 1A (heading)

Repeal the heading, substitute:

39ANotice of approval ceasing to have effect under the Legislation Act 2003

293

Paragraph 39A(1)(b) of Schedule 1A

Omit “Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act 2003”, substitute “Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003”.

294

Clause 39B of Schedule 1A (heading)

Repeal the heading, substitute:

39BNotice of revocation ceasing to have effect under the Legislation Act 2003

295

Paragraph 39B(1)(b) of Schedule 1A

Omit “Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act 2003”, substitute “Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003”.

296

Subclause 1(1) of Schedule 1

Insert:

Federal Register of Legislation means the Federal Register of Legislation established under the Legislation Act 2003.

297

Subclause 1(1) of Schedule 1 (definition of Federal Register of Legislative Instruments)

Repeal the definition.

Income Tax Assessment Act 1936

298

Subsection 24AV(2)

Repeal the subsection, substitute:

Retrospective application of regulations prescribing excluded STBs

1. (2)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to a regulation prescribing an STB as an excluded STB.

Income Tax Assessment Act 1997

299

Subsection 293‑115(6)

Repeal the subsection, substitute:

1. (6)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to a regulation made for the purposes of subsection (1).

2. (7)

   Despite subsection 12(3) (retrospective commencement of legislative instruments) of the Legislation Act 2003, a regulation made for the purposes of subsection (1) must not commence before 1 July 2012.

300

Subsection 293‑145(2)

Repeal the subsection, substitute:

1. (2)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to a regulation made for the purposes of paragraph (1)(b).

2. (2A)

   Despite subsection 12(3) (retrospective commencement of legislative instruments) of the Legislation Act 2003, a regulation made for the purposes of paragraph (1)(b) must not commence before 1 July 2012.

301

Subsections 415‑100(2) and 974‑10(7)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Independent Contractors Act 2006

302

Subsections 42(3) and (4)

Repeal the subsections, substitute:

1. (3)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to a regulation made for the purposes of subsection (1).

2. (4)

   Subsection 12(3) (retrospective commencement of legislative instruments) of the Legislation Act 2003 does not apply to a regulation made for the purposes of subsection (1) that creates, modifies or otherwise affects a provision that makes a person liable to an offence or civil penalty.

Industrial Chemicals (Notification and Assessment) Act 1989

303

Subsection 81(2)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Industry Research and Development Act 1986

304

Subsections 28B(1) and 32(3) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Insurance Act 1973

305

Subsection 32(6)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

306

Subsection 62ZZC(6)

Repeal the subsection, substitute:

Declaration or amendment not disallowable

1. (6)

   A declaration made under subsection (1), or an amendment of the declaration, is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration or amendment.

   Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the declaration or amendment: see regulations made for the purposes of paragraph 54(2)(b) of that Act.

307

Paragraph 62ZZC(7)(a)

Repeal the paragraph, substitute:

1. (a)

   commences from the time it is made, despite subsection 12(1) of the Legislation Act 2003; and

308

After subsection 62ZZC(7)

Insert:

1. (7A)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the declaration or amendment.

309

Subsection 62ZZC(8)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

310

Subsections 131A(7) and (8)

Repeal the subsections, substitute:

Authorisation or amendment not disallowable

1. (7)

   An authorisation or amendment made under this section is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the authorisation or amendment.

   Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the authorisation or amendment: see regulations made for the purposes of paragraph 54(2)(b) of that Act.

When authorisation or amendment commences

1. (8)

   The authorisation or amendment commences from the time it is made, despite subsection 12(1) of the Legislation Act 2003.

2. (9)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the authorisation or amendment.

Intelligence Services Act 2001

311

Section 3A

Omit “19A”, substitute “19”.

312

Section 3A (note)

Omit “section 19”, substitute “subsection 19(4)”.

Interactive Gambling Act 2001

313

Subsections 24(5) and 37(5) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

International Monetary Agreements Act 1947

314

Subsection 8CAA(4)

Omit “comes into force”, substitute “commences”.

315

Paragraphs 8CAA(4)(a) and (b)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

International Organisations (Privileges and Immunities) Act 1963

316

Subsection 13(2)

Omit “take effect”, substitute “commence”.

317

Subsection 13(3)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

318

Subsection 13(4)

Repeal the subsection, substitute:

1. (4)

   A determination under subsection (2) is a legislative instrument.

International War Crimes Tribunals Act 1995

319

Subsection 42(3)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Judges’ Pensions Act 1968

320

Subsection 12A(14)

Omit “for the purposes of the Legislative Instruments Act 2003”.

321

Subsection 17AI(2)

Omit “subsection 44(2) of the Legislative Instruments Act 2003”, substitute “regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003”.

Lands Acquisition Act 1989

322

Subsection 21(3)

Repeal the subsection, substitute:

1. (3)

   Despite subsection 12(1) of the Legislation Act 2003, regulations made for the purpose of paragraph (1)(b) of this section may provide that the regulations commence on a day to be fixed by the Minister by notice published in the Gazette.

323

Subsection 21(4)

Omit “shall”, substitute “must”.

324

Paragraph 21(4)(a)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

325

Subsection 117(2)

Repeal the subsection, substitute:

1. (2)

   Despite subsection 12(1) of the Legislation Act 2003, regulations made for the purpose of paragraph (1)(b) of this section may provide that the regulations commence on a day to be fixed by the Minister by notice published in the Gazette.

326

Subsection 117(3)

Omit “shall”, substitute “must”.

327

Paragraph 117(3)(a)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Life Insurance Act 1995

328

Subsection 16ZD(2) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

329

Paragraph 230A(12C)(b)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

330

Subsections 251A(7) and (8)

Repeal the subsections, substitute:

Authorisation or amendment not disallowable

1. (7)

   An authorisation or amendment made under this section is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the authorisation or amendment.

   Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the authorisation or amendment: see regulations made for the purposes of paragraph 54(2)(b) of that Act.

When authorisation or amendment commences

1. (8)

   The authorisation or amendment commences from the time it is made, despite subsection 12(1) of the Legislation Act 2003.

2. (9)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the authorisation or amendment.

Liquid Fuel Emergency Act 1984

331

Subsection 9(2)

Repeal the subsection, substitute:

1. (2)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to a determination under subsection (1).

332

Subsection 10(5)

Repeal the subsection, substitute:

1. (2)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to guidelines made under subsection (4).

333

Subsection 11(6)

Repeal the subsection, substitute:

Retrospective application of instruments

1. (6)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the following instruments:

   1. (a)

      an instrument under subsection (3);

   2. (b)

      guidelines made under subsection (5).

334

Subsection 12(7)

Repeal the subsection, substitute:

1. (7)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to guidelines made under subsection (6).

335

Subsection 13(2)

Omit “, but neither section 42 nor Part 6 of the Legislative Instruments Act 2003 applies to the direction”.

336

At the end of subsection 13(2)

Add:

Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the direction: see regulations made for the purposes of paragraph 44(2)(b) of that Act.

Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the direction: see regulations made for the purposes of paragraph 54(2)(b) of that Act.

337

Subsection 13(4)

Repeal the subsection, substitute:

Retrospective application of instruments

1. (4)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the following instruments:

   1. (a)

      a direction given under subsection (1);

   2. (b)

      guidelines made under subsection (3).

338

Subsection 14(2)

Omit “, but neither section 42 nor Part 6 of the Legislative Instruments Act 2003 applies to the direction”.

339

At the end of subsection 14(2)

Add:

Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the direction: see regulations made for the purposes of paragraph 44(2)(b) of that Act.

Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the direction: see regulations made for the purposes of paragraph 54(2)(b) of that Act.

340

Subsection 14(5)

Repeal the subsection, substitute:

Retrospective application of instruments

1. (5)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the following instruments:

   1. (a)

      a direction given under subsection (1);

   2. (b)

      guidelines made under subsection (4).

341

Subsection 14A(5)

Repeal the subsection, substitute:

1. (5)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to guidelines made under subsection (4).

342

Subsection 17(6)

Repeal the subsection, substitute:

1. (6)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to guidelines made under subsection (5).

343

Subsection 20(6)

Repeal the subsection, substitute:

1. (6)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to guidelines made under subsection (5).

344

Subsection 21(5)

Omit “, but neither section 42 nor Part 6 of the Legislative Instruments Act 2003 applies to the direction”.

345

At the end of subsection 21(5)

Add:

Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the direction: see regulations made for the purposes of paragraph 44(2)(b) of that Act.

Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the direction: see regulations made for the purposes of paragraph 54(2)(b) of that Act.

346

Subsection 21(8)

Repeal the subsection, substitute:

Retrospective application of instruments

1. (8)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the following instruments:

   1. (a)

      a direction given under subsection (1);

   2. (b)

      guidelines made under subsection (7).

347

Subsection 22(5)

Omit “, but neither section 42 nor Part 6 of the Legislative Instruments Act 2003 applies to the direction”.

348

At the end of subsection 22(5)

Add:

Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the direction: see regulations made for the purposes of paragraph 44(2)(b) of that Act.

Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the direction: see regulations made for the purposes of paragraph 54(2)(b) of that Act.

349

Subsection 22(8)

Repeal the subsection, substitute:

Retrospective application of instruments

1. (8)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the following instruments:

   1. (a)

      a direction given under subsection (1);

   2. (b)

      guidelines made under subsection (7).

350

Subsection 23(5)

Omit “, but neither section 42 nor Part 6 of the Legislative Instruments Act 2003 applies to the direction”.

351

At the end of subsection 23(5)

Add:

Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the direction: see regulations made for the purposes of paragraph 44(2)(b) of that Act.

Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the direction: see regulations made for the purposes of paragraph 54(2)(b) of that Act.

352

Subsection 23(8)

Repeal the subsection, substitute:

Retrospective application of instruments

1. (8)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the following instruments:

   1. (a)

      a direction given under subsection (1);

   2. (b)

      guidelines made under subsection (7).

353

Subsection 24(5)

Omit “, but neither section 42 nor Part 6 of the Legislative Instruments Act 2003 applies to the direction”.

354

At the end of subsection 24(5)

Add:

Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the direction: see regulations made for the purposes of paragraph 44(2)(b) of that Act.

Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the direction: see regulations made for the purposes of paragraph 54(2)(b) of that Act.

355

Subsection 24(8)

Repeal the subsection, substitute:

Retrospective application of instruments

1. (8)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the following instruments:

   1. (a)

      a direction given under subsection (1);

   2. (b)

      guidelines made under subsection (7).

Local Government (Financial Assistance) Act 1995

356

Subsection 6(6)

Omit “, but neither section 42 nor Part 6 of the Legislative Instruments Act 2003 applies to the national principles”.

357

At the end of subsection 6(6)

Add:

Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the principles: see subsection 44(1) of that Act.

Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the principles: see subsection 54(1) of that Act.

Low Aromatic Fuel Act 2013

358

Subsection 9(1) (note 2)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Marine Safety (Domestic Commercial Vessel) National Law Act 2012

359

Section 164

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

360

Subsection 165(5)

Repeal the subsection, substitute:

1. (5)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 of the Commonwealth does not apply to regulations made under this section.

361

Paragraph 165(6)(a)

Repeal the paragraph, substitute:

1. (a)

   regulations are expressed to commence from a day before the day the regulations are registered under the Legislation Act 2003 of the Commonwealth; and

Medibank Private Sale Act 2006

362

At the end of subsections 3(3) and (4)

Add:

Note: After the declaration was made, the Legislative Instruments Act 2003 was renamed as the Legislation Act 2003.

363

At the end of subitems 5(5) and 6(7) of Schedule 2

Add:

Note: After the designated sale day, the Legislative Instruments Act 2003 was renamed as the Legislation Act 2003.

Medical Indemnity Act 2002

364

Subsection 4(1)

Insert:

Federal Register of Legislation means the Federal Register of Legislation established under the Legislation Act 2003.

365

Subsection 4(1) (definition of Federal Register of Legislative Instruments)

Repeal the definition.

366

Subsection 29(2)

Omit “Federal Register of Legislative Instruments must not take effect”, substitute “Federal Register of Legislation must not commence”.

367

Subsection 30(1A)

Omit “take effect”, substitute “commence”.

368

Subsection 30(3)

Omit “Federal Register of Legislative Instruments”, substitute “Federal Register of Legislation”.

369

Subsection 34(2)

Omit “Federal Register of Legislative Instruments must not take effect”, substitute “Federal Register of Legislation must not commence”.

370

Subsections 34F(2) to (4)

Repeal the subsections, substitute:

Threshold specified in regulations only applies to contracts entered into after the regulations commence

1. (2)

   A regulation specifying an amount as the threshold (or changing the amount previously so specified) only applies in relation to contracts of insurance entered into after the regulation commences.

When regulations reducing the threshold commence

1. (3)

   A regulation reducing the threshold (which could be the threshold originally applicable under subsection (1), or that threshold as already changed by regulations) commences on the date specified in the regulations, which must be the date on which the regulations are entered on the Federal Register of Legislation or a later day.

When regulations increasing the threshold commence

1. (4)

   A regulation increasing the threshold (which could be the threshold originally applicable under subsection (1), or that threshold as already changed by regulations), commences on the date specified in the regulations, which must be at least 3 months after the date on which the regulations are entered on the Federal Register of Legislation.

371

Subsections 34G(2) and 34ZB(4)

Omit “Federal Register of Legislative Instruments”, substitute “Federal Register of Legislation”.

Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010

372

Subsection 5(1)

Insert:

Federal Register of Legislation means the Federal Register of Legislation established under the Legislation Act 2003.

373

Subsection 5(1) (definition of Federal Register of Legislative Instruments)

Repeal the definition.

374

Subsections 10(3) and (4)

Omit “takes effect”, substitute “commences”.

375

Subsection 10(5)

Omit “takes effect on the date specified in the Rules, which must be the date on which the Rules are entered on the Federal Register of Legislative Instruments”, substitute “commences on the date specified in the Rules, which must be the date on which the Rules are entered on the Federal Register of Legislation”.

376

Subsection 11(3B)

Repeal the subsection, substitute:

1. (3B)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to Rules made for the purposes of subsection (3A).

377

Subsection 16(2)

Omit “take effect”, substitute “commence”.

378

Subsection 31(7)

Repeal the subsection, substitute:

1. (7)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to Rules made for the purposes of subsection (6).

379

Subsection 90(4)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Migration Act 1958

380

Subsections 9A(7) and 39(1)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

381

Subsection 39A(4)

Omit “subsection 44(2) of the Legislative Instruments Act 2003”, substitute “regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003”.

382

Subsection 45AA(8)

Repeal the subsection, substitute:

Conversion regulation may affect accrued rights etc.

1. (8)

   To avoid doubt:

   1. (a)

      subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply in relation to the effect of a conversion regulation (including a conversion regulation enacted by the Parliament); and

   2. (b)

      subsection 7(2) of the Acts Interpretation Act 1901, including that subsection as applied by section 13 of the Legislation Act 2003, does not apply in relation to the enactment of this section or the making of a conversion regulation (including a conversion regulation enacted by the Parliament).

383

Subsection 140GBC(5)

Omit “subsection 44(2) of the Legislative Instruments Act 2003”, substitute “regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003”.

384

Subsection 198AB(1B)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

385

Subsection 504(2)

Repeal the subsection, substitute:

1. (2)

   Section 14 of the Legislation Act 2003 does not prevent, and has not prevented, regulations whose operation depends on a country or other matter being specified or certified by the Minister in an instrument in writing made under the regulations after the commencement of the regulations.

Military Superannuation and Benefits Act 1991

386

Subsection 5A(3)

Repeal the subsection, substitute:

1. (3)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to amendments referred to in subsection (1) of this section.

387

Section 49 (heading)

Repeal the heading, substitute:

49Amendments to Trust Deed disallowable under the Legislation Act 2003

388

Section 49

Omit “section 44 of the Legislative Instruments Act 2003, section 42”, substitute “regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance)”.

Mutual Assistance in Criminal Matters Act 1987

389

Subsection 13A(5)

Omit “for the purposes of the Legislative Instruments Act 2003”.

National Blood Authority Act 2003

390

Subsection 10(3) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

National Broadband Network Companies Act 2011

391

Subsection 41(1) (note 3)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

392

Subsection 41(3) (note 2)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

393

Subsections 49(7), 54(9), 55(7) and 85(3) and (4)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

394

After subsection 85(4)

Insert:

1. (4A)

   Subsection 12(2) of the Legislation Act 2003 (retrospective application of legislative instruments) does not apply to the declaration under subsection (2) of this section.

National Disability Insurance Scheme Act 2013

395

Section 10 (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

396

Subsection 121(1) (note)

Repeal the note, substitute:

Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).

397

Subsection 209(2)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

National Environment Protection Council Act 1994

398

Subsection 21(2)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

National Film and Sound Archive of Australia Act 2008

399

Subsection 42(1) (notes 1 and 2)

Repeal the notes, substitute:

Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the direction—see regulations made for the purposes of paragraph 44(2)(b) of that Act.

Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the direction—see regulations made for the purposes of paragraph 54(2)(b) of that Act.

National Health Act 1953

400

Subsection 135AA(8)

Repeal the subsection, substitute:

When rules commence

1. (8)

   Despite section 12 of the Legislation Act 2003, rules commence:

   1. (a)

      from the first day on which they are no longer liable to be disallowed; or

   2. (b)

      if the rules provide for their commencement after that day—in accordance with that provision.

National Health Reform Act 2011

1. 401

   Section 5 (note at the end of the definition of local hospital network)

   Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

National Health Security Act 2007

402

Subsections 60A(4) and (5)

Repeal the subsections, substitute:

When legislative instrument commences

1. (4)

   A legislative instrument made under subsection (1A), (1) or (1B) commences:

   1. (a)

      on the day on which the instrument is made; or

   2. (b)

      if the instrument specifies a later day as the day on which it commences, on that day.

2. (5)

   Subsection (4) has effect despite section 12 of the Legislation Act 2003.

3. (5A)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to a legislative instrument made under subsection (1A), (1) or (1B).

403

Subsections 60B(4) and (5)

Repeal the subsections, substitute:

When variation or revocation commences

1. (4)

   The variation or revocation commences:

   1. (a)

      on the day on which the instrument is made; or

   2. (b)

      if the instrument specifies a later day as the day on which it commences, on that day.

2. (5)

   Subsection (4) has effect despite section 12 of the Legislation Act 2003.

3. (5A)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the variation or revocation.

National Land Transport Act 2014

404

Subsection 5(4)

Omit “for the purposes of the Legislative Instruments Act 2003, but neither section 42 nor Part 6 of that Act applies to the instrument”, substitute “, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument”.

405

At the end of subsection 5(4)

Add:

Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).

406

Subsection 6(3)

Omit “for the purposes of the Legislative Instruments Act 2003, but neither section 42 nor Part 6 of that Act applies to the instrument”, substitute “, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument”.

407

At the end of subsection 6(3)

Add:

Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).

408

Section 7 (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

517

Subsection 8(2)

Omit “for the purposes of the Legislative Instruments Act 2003”.

518

Subsection 140(2)

Repeal the subsection, substitute:

1. (2)

   Despite the Legislation Act 2003, regulations made for the purposes of section 14, 15, 19, 31, 32 or 36 of this Act commence not earlier than on the first day on which they are no longer liable to be disallowed, or to have been taken to have been disallowed, under that Act.

Screen Australia Act 2008

519

Subsection 44(1) (notes 1 and 2)

Repeal the notes, substitute:

Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the direction—see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act.

Screen Australia and the National Film and Sound Archive of Australia (Consequential and Transitional Provisions) Act 2008

520

Subitem 36(3) of Schedule 2

Repeal the subitem.

Shipping Reform (Tax Incentives) Act 2012

521

Subsection 25(2) (note 1)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Social and Community Services Pay Equity Special Account Act 2012

522

Subsections 7(5), 8(8) and 9(2)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Social Security Act 1991

523

Subsection 11A(12) (heading)

Repeal the heading, substitute:

Application of the Legislation Act 2003

524

Subsection 92Q(1A)

Omit “Despite subsection 12(2) of the Legislative Instruments Act 2003, a”, substitute “A”.

525

After subsection 92Q(1A)

Insert:

1. (1B)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply in relation to a declaration made under subsection (1).

526

Subsections 500E(2) and 546(2)

Omit “take effect”, substitute “commence”.

527

Subsection 592N(2)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

528

Subsection 600(2)

Omit “take effect”, substitute “commence”.

529

Subsection 1061KA(7)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

530

Subsections 1061K(3), 1061L(3) and 1061P(6)

Omit “but section 42 of the Legislative Instruments Act 2003”, substitute “but section 42 (disallowance) of the Legislation Act 2003”.

531

Subsection 1061ZZGH(1) (note 1)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

532

Subsections 1157M(2), 1157R(2) and 1157U(2)

Repeal the subsections, substitute:

1. (2)

   The determination:

   1. (a)

      commences on the day after the day when it is registered in the Federal Register of Legislation under the Legislation Act 2003; and

   2. (b)

      ceases to have effect 6 months after the day it commences, if it has not already been revoked.

533

Subsection 1237AB(3)

Omit “take effect”, substitute “commence”.

Social Security (Administration) Act 1999

534

Subsection 202(5)

Omit “Legislative Instruments Act 2003, an instrument does not take effect”, substitute “Legislation Act 2003, an instrument does not commence”.

535

Subclause 2(4) of Schedule 5

Omit “Federal Register of Legislative Instruments under the Legislative Instruments Act 2003”, substitute “Federal Register of Legislation under the Legislation Act 2003”.

Stronger Futures in the Northern Territory Act 2012

1. 536

   Section 8 (subsection 75D(3) of the Liquor Act (NT))

   Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Student Assistance Act 1973

537

Subsection 48(2)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Student Identifiers Act 2014

538

Subsections 4(2) and (3) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

539

Subsection 33(1) (note)

Repeal the note, substitute:

Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).

540

Subsection 53(3) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

541

Subsection 55(4)

Omit “, but neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies to the declaration or revocation”.

542

At the end of subsection 55(4)

Add:

Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration or revocation: see subsection 44(1) of that Act.

Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the declaration or revocation: see subsection 54(1) of that Act.

543

Subsection 57(3)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Superannuation Act 1922

544

Subsection 93DE(2)

Omit “section 44 of the Legislative Instruments Act 2003, section 42”, substitute “regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance)”.

Superannuation Act 1976

545

Subsections 3(1BD) and 4A(1)

Omit “section 44 of the Legislative Instruments Act 2003, section 42”, substitute “regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance)”.

546

Section 110G

Omit “section 44 of the Legislative Instruments Act 2003, section 42”, substitute “regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance)”.

547

Subsections 146MH(2), 238(2), 241(3) and 242C(4)

Omit “section 44 of the Legislative Instruments Act 2003, section 42”, substitute “regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance)”.

Superannuation Act 1990

548

Subsection 5A(2)

Repeal the subsection, substitute:

1. (2)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply in relation to amendments referred to in subsection (1) of this section.

549

Subsection 6(5) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

550

Subsection 6(7)

Omit “for the purposes of the Legislative Instruments Act 2003”.

551

Subsections 6(8) and 45(2)

Omit “section 44 of the Legislative Instruments Act 2003, section 42”, substitute “regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance)”.

552

Subsection 45(3)

Omit “have taken effect”, substitute “commence”.

553

Subsections 45(4) and (5)

Omit “take effect”, substitute “commence”.

554

Subsection 45(6)

Repeal the subsection, substitute:

1. (6)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply in relation to an instrument referred to in paragraph (1)(e).

Superannuation Act 2005

555

Subsection 4(3)

Omit “section 44 of the Legislative Instruments Act 2003, section 42”, substitute “regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance)”.

556

Subsection 5(2) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

557

Subsection 5(3)

Omit “for the purposes of the Legislative Instruments Act 2003”.

558

Subsection 5(4)

Omit “section 44 of the Legislative Instruments Act 2003, section 42”, substitute “regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance)”.

559

Subsections 5(5) and (6)

Omit “have taken effect”, substitute “commence”.

560

Subsections 6(1) and (2) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

561

Subsection 6(3)

Omit “for the purposes of the Legislative Instruments Act 2003”.

562

Subsection 6(4)

Omit “section 44 of the Legislative Instruments Act 2003, section 42”, substitute “regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance)”.

563

Subsection 7(1) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

564

Subsection 7(2)

Omit “for the purposes of the Legislative Instruments Act 2003”.

565

Subsection 7(3)

Omit “section 44 of the Legislative Instruments Act 2003, section 42”, substitute “regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance)”.

566

Subsections 7(4) and (5)

Omit “have taken effect”, substitute “commence”.

567

Subsection 8(2) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

568

Subsection 8(5)

Omit “for the purposes of the Legislative Instruments Act 2003”.

569

Subsection 8(6)

Omit “section 44 of the Legislative Instruments Act 2003, section 42”, substitute “regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance)”.

570

Subsection 8(7)

Omit “have taken effect”, substitute “commence”.

571

Subsection 10(2)

Omit “for the purposes of the Legislative Instruments Act 2003, but section 42 of that Act”, substitute “, but section 42 (disallowance) of the Legislation Act 2003”.

572

Subsection 11(3)

Omit “for the purposes of the Legislative Instruments Act 2003”.

573

Subsection 11(4)

Omit “section 44 of the Legislative Instruments Act 2003, section 42”, substitute “regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance)”.

574

Subsections 13(1) and (2) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

575

Subsection 13(4)

Omit “for the purposes of the Legislative Instruments Act 2003”.

576

Subsection 13(5)

Omit “section 44 of the Legislative Instruments Act 2003, section 42”, substitute “regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance)”.

577

Subsections 13(6) and (7)

Omit “have taken effect”, substitute “commence”.

578

Subsection 16(1) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

579

Subsection 16(2)

Omit “for the purposes of the Legislative Instruments Act 2003”.

580

Subsection 16(3)

Omit “section 44 of the Legislative Instruments Act 2003, section 42”, substitute “regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance)”.

581

Subsection 19(4)

Omit “for the purposes of the Legislative Instruments Act 2003”.

582

Subsection 19(5)

Omit “section 44 of the Legislative Instruments Act 2003, section 42”, substitute “regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance)”.

583

Paragraph 32(1)(b)

Omit “for the purposes of the Legislative Instruments Act 2003”.

584

Subsections 34(5) and 39(3)

Omit “for the purposes of the Legislative Instruments Act 2003, but section 42 of that Act”, substitute “, but section 42 (disallowance) of the Legislation Act 2003”.

Superannuation Industry (Supervision) Act 1993

585

Subsection 34K(8)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

586

Subsection 34K(9) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

587

Subsection 50(6) (heading)

Repeal the heading, substitute:

Section 14 of the Legislation Act 2003

588

Subsections 50(6), 128Q(5) and 142(9)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Superannuation Legislation Amendment (Simplification) Act 2007

589

Section 4

Omit “(within the meaning of the Legislative Instruments Act 2003)”.

Superannuation (Productivity Benefit) Act 1988

590

Section 9B

Omit “section 44 of the Legislative Instruments Act 2003, section 42”, substitute “regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance)”.

Superannuation (Unclaimed Money and Lost Members) Act 1999

591

Subsection 18AA(1) (note 1)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

592

Subsection 20AA(2) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

593

Subsection 20JA(1) (note 1)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

594

Subsection 24HA(1) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Surveillance Devices Act 2004

1. 595

   Subsections 12(6), 31(2), 33(4), 40(2), 42(7), 52(2) and 53(5)

   Omit “for the purposes of the Legislative Instruments Act 2003”.

Sydney Airport Demand Management Act 1997

596

Subsection 8(4)

Omit “Part 3 of the Legislative Instruments Act 2003”, substitute “section 17 (consultation) of the Legislation Act 2003”.

597

Subsection 46(6)

Omit “for the purposes of the Legislative Instruments Act 2003”.

598

Subsection 59A(3) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

599

Subsection 59A(5)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Tax Agent Services Act 2009

600

Subsections 90‑5(2) and 90‑10(2) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Taxation Administration Act 1953

601

Subsection 45‑114(3) in Schedule 1 (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

602

Subsection 133‑130(3) in Schedule 1

Repeal the subsection, substitute:

1. (3)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply in relation to an instrument made under subsection (2).

2. (4)

   Despite subsection 12(3) (retrospective commencement of legislative instruments) of the Legislation Act 2003, an instrument made under subsection (2) of this section must not commence before 1 July 2012.

603

Subsection 355‑55(1) in Schedule 1 (note 2)

Omit “Section 19A” substitute “Section 19”.

Telecommunications Act 1997

604

Subsection 69(8)

Omit “for the purposes of the Legislative Instruments Act 2003”.

605

Subsections 87(4), 95(1) and 96(1) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

606

Subsections 102(7), 121(5) and 136B(4)

Omit “for the purposes of the Legislative Instruments Act 2003”.

607

Subsection 136C(5) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

608

Subsection 136C(7)

Omit “for the purposes of the Legislative Instruments Act 2003”.

609

Subsection 136E(1) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

610

Subsection 136E(2)

Omit “for the purposes of the Legislative Instruments Act 2003”.

611

Subsection 372B(1) (note 4)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

612

Subsection 372C(1) (note 3)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

613

Subsections 372K(1), (3), (5) and (7) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

614

Subsection 372N(1) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

615

Subsection 460(4A)

Omit “for the purposes of the Legislative Instruments Act 2003”.

616

Subsection 572M(2) (note)

Omit “Part 3 of the Legislative Instruments Act 2003”, substitute “section 17 (consultation) of the Legislation Act 2003”.

617

Subclause 47(6) of Schedule 1

Omit “for the purposes of the Legislative Instruments Act 2003”.

618

Subclause 6(3) of Schedule 3 (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

619

Subclauses 44(4) and (5) of Schedule 3 (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

620

Subclause 46(1) of Schedule 3 (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Telecommunications (Carrier Licence Charges) Act 1997

621

Subsections 9(2), 14(2) and 15(2)

Omit “for the purposes of the Legislative Instruments Act 2003”.

Telecommunications (Consumer Protection and Service Standards) Act 1999

622

Subparagraphs 8J(2)(b)(ii) and 8K(2)(b)(ii)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

623

Paragraph 9(2AAA)(b)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

624

Paragraph 9(2AA)(b)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

625

Subsection 158P(8)

Omit “for the purposes of the Legislative Instruments Act 2003, but section 42 of that Act”, substitute “, but section 42 (disallowance) of the Legislation Act 2003”.

Telecommunications (Interception and Access) Act 1979

626

Subsection 6(2C)

Omit “for the purposes of the Legislative Instruments Act 2003”.

627

Subsection 6(2E)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Telecommunications (Numbering Charges) Act 1997

628

Subsections 15(2) and 22(3) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Telstra Corporation Act 1991

629

Subsection 8AJ(3B)

Omit “for the purposes of the Legislative Instruments Act 2003, but section 42 of that Act”, substitute “, but section 42 (disallowance) of the Legislation Act 2003”.

630

Subsection 8AJ(6C)

Omit “for the purposes of the Legislative Instruments Act 2003”.

631

Subsection 8AJA(7)

Omit “for the purposes of the Legislative Instruments Act 2003, but section 42 of that Act”, substitute “, but section 42 (disallowance) of the Legislation Act 2003”.

632

Subsection 8AYB(6)

Omit “for the purposes of the Legislative Instruments Act 2003”.

633

Subsection 12(3)

Omit “disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901”, substitute “legislative instrument”.

634

Subclause 12(4AB) of the Schedule (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

635

Subclause 12(8) of the Schedule

Omit “for the purposes of the Legislative Instruments Act 2003, but section 42 of that Act”, substitute “, but section 42 (disallowance) of the Legislation Act 2003”.

Tertiary Education Quality and Standards Agency Act 2011

636

Subsection 58(5)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

637

Subsection 136(1) (note)

Repeal the note, substitute:

Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the direction (see regulations made for the purposes of paragraph 54(2)(b) of that Act).

638

Subsection 136(2B)

Omit “Section 44 of the Legislative Instruments Act 2003 does”, substitute “Regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003 do”.

639

Subsection 136(2B) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

640

Subsection 155(1) (note)

Repeal the note, substitute:

Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the direction (see regulations made for the purposes of paragraph 54(2)(b) of that Act).

641

Subsection 155(1A)

Omit “Section 44 of the Legislative Instruments Act 2003 does”, substitute “Regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003 do”.

642

Subsection 155(1A) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Therapeutic Goods Act 1989

1. 643

   Subsections 3AA(4), 3AB(4), 3C(1) and 7AA(1) and (2) (note)

   Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

644

Subsections 10(1) and (3A) (note)

Repeal the note, substitute:

Note: Section 12 of the Legislation Act 2003 deals with when a legislative instrument commences.

645

Subsection 26BB(8)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

646

Subsection 30F(4A)

Omit “for the purposes of the Legislative Instruments Act 2003”.

647

Subsections 32A(2) and (3) and 32CA(1) and (2) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

648

Subsections 41CB(1) and 41DC(1) (note)

Repeal the note, substitute:

Note: Section 12 of the Legislation Act 2003 deals with when a legislative instrument commences.

649

Subsections 41HD(1) and (2) and 52A(2) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

650

Subsections 52D(4A) and (4B)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

651

Section 52EA

Repeal the section.

Tourism Australia Act 2004

652

Subsections 41(3) and 42(3)

Omit “for the purposes of the Legislative Instruments Act 2003”.

653

Subsection 60(3) (note)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Veterans’ Entitlements Act 1986

654

Subsection 5LA(12) (heading)

Repeal the heading, substitute:

Application of the Legislation Act 2003

655

Subsection 29(11)

Repeal the subsection, substitute:

1. (11)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply in relation to the document or instrument.

656

Subsection 45TO(1A)

Omit “Despite subsection 12(2) of the Legislative Instruments Act 2003, a”, substitute “A”.

657

After subsection 45TO(1A)

Insert:

1. (1B)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply in relation to a declaration made under subsection (1).

658

Subsection 90A(6)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

659

Subsection 196B(13)

Omit “Despite section 12 of the Legislative Instruments Act 2003, a”, substitute “A”.

660

Subsection 196B(13)

Omit “to be taken to have had effect from”, substitute “taken to have commenced on”.

661

After subsection 196B(13)

Insert:

1. (13AA)

   Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply in relation to a determination under subsection (10) of this section amending a Statement of Principles, or a Statement of Principles under subsection (11) or (12).

662

Paragraph 196W(3)(a)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Water Efficiency Labelling and Standards Act 2005

663

Subsection 12(2)

Omit “for the purposes of the Legislative Instruments Act 2003 but neither section 42 of that Act nor Part 6 of that Act applies to the instrument”.

664

At the end of subsection 12(2)

Add:

Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration: see subsection 44(1) of that Act.

Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the declaration: see subsection 54(1) of that Act.

665

Subsection 18(3)

Repeal the subsection, substitute:

1. (3)

   A determination under subsection (1) is a legislative instrument and, despite subsection 44(1) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to the determination.

   Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the determination: see subsection 54(1) of that Act.

666

Subsection 26(7)

Omit “Legislative Instruments Act 2003, section 42”, substitute “Legislation Act 2003, section 42 (disallowance)”.

667

Subsection 26(7) (note)

Repeal the note, substitute:

Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the scheme (see subsection 54(1) of that Act).

Work Health and Safety Act 2011

668

Section 273B (heading)

Repeal the heading, substitute:

273BApplication of the Legislation Act 2003

669

Subsection 274(3) (note)

Omit “Federal Register of Legislative Instruments and commence in accordance with section 12 of the Legislative Instruments Act 2003”, substitute “Federal Register of Legislation and commence in accordance with section 12 of the Legislation Act 2003”.

Workplace Gender Equality Act 2012

670

Subsection 19(1) (note 2)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

671

Subsection 33A(2) (note)

Omit “Part 3 of the Legislative Instruments Act 2003”, substitute “section 17 (consultation) of the Legislation Act 2003”.

Part 2Contingent amendments

Designs Act 2003

672

Subsection 145(3)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Patents Act 1990

673

Subsection 221(3)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Plant Breeder’s Rights Act 1994

674

Subsection 3(3)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Trade Marks Act 1995

675

Subsection 215(9)

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Schedule 2Amendments relating to court rulesPart 1Amendments commencing on Proclamation

Family Law Act 1975

1

Subsection 123(2)

Omit “under this section”, substitute “by Judges under this section or any other Act”.

2

Subsection 123(2A)

Omit “under this Act”, insert “by Judges under this or any other Act”.

Part 2Amendment of the Legislative Instruments Act 2003

Legislative Instruments Act 2003

3

Section 9

Omit “for the High Court, the Federal Court of Australia, the Family Court of Australia and the Federal Circuit Court of Australia”.

4

Section 9 (note)

Omit “are”, substitute “may be”.

Part 3Amendment of the Legislation Act 2003

Legislation Act 2003

5

Paragraph 8(8)(d)

Repeal the paragraph, substitute:

1. (d)

   rules of court or a compilation of rules of court;

6

Subsection 8(8) (note)

Repeal the note, substitute:

Note: Rules of court may, however, be registered under this Act, and may be otherwise treated as if they were legislative instruments by their enabling legislation.

Part 4Application of amendments

7

Application of amendments

(1) The amendments made by this Schedule apply in relation to any rules of court, whether made before or after this item commences.

(2) However, this item does not affect rights or liabilities of parties to proceedings commenced in a court before this item commences, to the extent that those rights or liabilities arose from, or were affected by, rules of court referred to in subitem (1).

Schedule 3—Amendments relating to forms and technical matters

Part 1Amendments

Acts and Instruments (Framework Reform) Act 2015

1

Items 170 and 178 of Schedule 1

Repeal the items.

Acts Interpretation Act 1901

2

Subsection 46AA(4)

Repeal the subsection, substitute:

Forms

1. (4)

   If an instrument provides for a form to be used, this section does not apply in relation to the form.

Legislation Act 2003

3

Subsection 14(4)

Repeal the subsection, substitute:

Forms

1. (4)

   If a legislative instrument or notifiable instrument provides for a form to be used, this section does not apply in relation to the form.

4

Paragraph 15A(3)(b)

Omit “Part”, substitute “Part)”.

5

Subsection 15H(1)

Omit “or document”.

Part 2Application of amendments

6

Application of amendments relating to forms

(1) The amendments of section 46AA of the Acts Interpretation Act 1901 and section 14 of the Legislation Act 2003 made by Part 1 of this Schedule apply, on or after the commencement of that Part, in relation to:

1. (a)

   a form made before that commencement; and

2. (b)

   a form made on or after that commencement, whether the instrument providing for the form to be used is made before, on or after that commencement.

(2) No inference may be drawn from an amendment of a section mentioned in subitem (1) as to whether, before the commencement of Part 1 of this Schedule, that section applied in relation to a form made before that commencement.

[Minister’s second reading speech made in—

House of Representatives on 25 June 2015

Senate on 19 August 2015]

(107/15)