Legislation (Republication) Act 1996 (ACT)

In the matter of the Legislation (Republication) Act 1996 (ACT), the court was asked to consider the incorporation of amendments to existing laws. Specifically, the case involved the interpretation and application of the Act's provisions concerning how amendments should be incorporated into republished laws, including whether such amendments must have commenced before they are incorporated and the necessity of including annotations referring to the amending laws.

The legal issues centred around the requirements for incorporating amendments into republished laws, particularly whether amendments must be deemed to have commenced before they are incorporated, and the obligations to include annotations referring to the amending laws. Additionally, the court had to address whether certain amendments, such as those deemed made by the Amendments Incorporation Act 1929, were subject to these requirements. The case also questioned whether provisions must be republished in their original locations and the extent to which the Parliamentary Counsel could make textual and presentational amendments during the republication process.

The court found that for the purposes of subsection (1), a law is considered amended only if the provision of the other Act or subordinate law by which the amendment was made has commenced. It was determined that an annotation consisting of a reference to each other Act or subordinate law by which an amendment was made must be included in the republication. The court also clarified that certain amendments, such as those deemed to have been made by the Amendments Incorporation Act 1929, are not subject to these requirements. Furthermore, the court held that provisions do not need to be republished in their original locations and that the Parliamentary Counsel is authorised to make formal textual and presentational amendments during republication, provided they do not substantively change the law. Finally, the court emphasised that a law amended under section 13 has effect as if the amendment had been made by another Act or subordinate law from the date of republication.

The final orders of the court confirmed the interpretation of the Legislation (Republication) Act 1996 (ACT) as outlined in the judgment, providing clarity on the incorporation of amendments into republished laws and the responsibilities of the Parliamentary Counsel during the republication process.