Ordinances and Regulations (Notification) Act 1978 (Cth)

ORDINANCES AND REGULATIONS (NOTIFICATION) ACT 1978

No. 38 of 1978

An Act relating to the notification of the making of certain Ordinances, regulations and other instruments.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

Short title

1. This Act may be cited as the Ordinances and Regulations (Notification) Act 1978.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Notification of Ordinances, regulations, &c.

3. (1) Where—

(a) before the commencement of this Act, there was published in the Gazette a form of words being, purporting to be, or apparently intended to be—

(i) a notice or notification of a statutory instrument having been made, or of the making of, with respect to the making of, or referring to the making of, a statutory instrument; and

(ii) a notice or notification of, with respect to, or referring to, a place or places where copies of the statutory instrument could be purchased; and

(b) copies of the statutory instrument were not, or have not been, available for purchase at that place, or at one or more of those places, at the time of publication of those words, or at some later time (whether on the date of publication of those words or on a later date),

the fact that copies of the statutory instrument were not, or have not been, so available for purchase shall not be taken to constitute, or to have at any time constituted, a failure to comply with a provision of any law of the Commonwealth or of the Australian Capital Territory with respect to the publication or notification of the statutory instrument in the Gazette.

 

(2) A reference in sub-section (1) to a statutory instrument shall be read as a reference to—

(a) an Ordinance made under the Seat of Government (Administration) Act 1910 or any regulations, rules, by-laws or other instrument made under such an Ordinance; or

(b) any regulations, rules, by-laws or other instrument to which the Statutory Rules Publication Act 1903 applies or applied, whether of its own force or by virtue of another Act.

Application of Act in relation to certain proceedings

4. Where proceedings for an offence against the Banking (Foreign Exchange) Regulations instituted before 25 May 1978 had not been finally disposed of before that date, section 3 does not apply in relation to those Regulations for the purposes of those proceedings but does apply in relation to those Regulations for the purposes of any other proceedings and for all other purposes.