Legislation Revision and Publication Regulations 2017 (SA)

South Australia

Legislation Revision and Publication Regulations 2017

under the Legislation Revision and Publication Act 2002

1Short title

These regulations may be cited as the Legislation Revision and Publication Regulations 2017.

3Interpretation

In these regulations—

Act means the Legislation Revision and Publication Act 2002.

4Definition of legislation

For the purposes of paragraph (c) of the definition of legislation in section 3 of the Act, the following are legislative instruments of a prescribed kind:

1. (a)

   an environment protection policy made under Part 5 of the Environment Protection Act 1993 (other than a national environment protection measure that became an environment protection policy under section 28A(1) of the Act before that section was repealed);

2. (b)

   an aquaculture policy made under Part 4 of the Aquaculture Act 2001 on or after 1 January 2005;

3. (c)

   a rule made by the Governor under the Road Traffic Act 1961;

4. (d)

   a proclamation made by the Governor under an Act on or after 1 January 2003;

5. (e)

   a notice made by the Governor under an Act and published in the Gazette on or after 1 January 2003 (other than a notice made by the Governor under the Justices of the Peace Act 2005);

6. (f)

   a direction or requirement of the State Co‑ordinator under section 25 of the Emergency Management Act 2004 in respect of the outbreak of the human disease named COVID‑19 within South Australia that—

   1. (i)

      applies to persons generally throughout the State; and

   2. (ii)

      is issued in the form of a written instrument (whether before or after the commencement of this paragraph);

7. (g)

   a direction or requirement of the Chief Executive (within the meaning of the South Australian Public Health Act 2011) under section 25 of the Emergency Management Act 2004 (as applied pursuant to section 90(1) of the South Australian Public Health Act 2011) in respect of the outbreak of the human disease named COVID‑19 within South Australia that—

   1. (i)

      applies to persons generally throughout the State; and

   2. (ii)

      is issued in the form of a written instrument (whether before or after the commencement of this paragraph).

5Alterations that may be made in revising legislation

Pursuant to section 7(1)(i) of the Act, in revising legislation under the Act, language indicating gender, or that could be taken to indicate gender, may be expressed in a different way so as to avoid referring to gender.

6Publication of legislation

1. (1)

   For the purposes of section 8 of the Act, legislation may be published under the Act by publishing an electronic copy of the legislation from the SA legislation website.

2. (2)

   For the purposes of section 8(3) of the Act, an electronic copy of legislation downloaded from the SA legislation website or a print of that electronic copy will, for the purposes of the Act and any other Act, be taken to be published under the Act if the following conditions are satisfied:

   1. (a)

      electronic publication of the legislation must have been authorised by the Commissioner;

   2. (b)

      the following statement must appear at the foot of each page of the electronic copy of the legislation:

      Published under the Legislation Revision and Publication Act 2002.

3. (2a)

   However, the condition set out in subregulation (2)(b) does not apply in relation to legislation of a kind referred to in regulation 4(f) or (g).

4. (3)

   In this regulation—

SA legislation website means the website with the URL of or any other website established and maintained by the Office of Parliamentary Counsel for the purpose of providing public access to the legislation of South Australia.

7Evidence

1. (1)

   For the purposes of section 9(3) of the Act, the SA legislation website is prescribed.

2. (2)

   In this regulation—

SA legislation website means the website with the URL of or any other website established and maintained by the Office of Parliamentary Counsel for the purpose of providing public access to the legislation of South Australia.

Legislative history

Notes

• •

  Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

• •

  Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

• •

  For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or revoked by principal regulations

  The Legislation Revision and Publication Regulations 2017 revoked the following:

  Legislation Revision and Publication Regulations 2002

  Principal regulations and variations

  New entries appear in bold.

  Year	No	Reference	Commencement
  2017	254	Gazette 15.8.2017 p3607	15.8.2017: r 2
  2020	206	Gazette 11.6.2020 p3346	11.6.2020: r 2
  2021	193	Gazette 23.12.2021 p4629	1.1.2022: r 2

  Provisions varied

  New entries appear in bold.

  Entries that relate to provisions that have been deleted appear in italics.

  Provision	How varied	Commencement
  r 2	omitted under Legislation Revision and Publication Act 2002	11.6.2020
  r 4	varied by 206/2020 r 4	11.6.2020
  amended by 193/2021 r 3	1.1.2022
  r 6
  r 6(2a)	inserted by 206/2020 r 5	11.6.2020
  r 7	inserted by 193/2021 r 4	1.1.2022
  Sch 1	omitted under Legislation Revision and Publication Act 2002	11.6.2020

  Historical versions

  11.6.2020