Rules Publication Regulations 1998 (TAS)

Rules Publication Regulations 1998

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Rules Publication Act 1953 .11 March 1998

G.S.M. GREEN

Governor

By His Excellency’s Command,

R.J. GROOM

Minister for Justice

PART 1Preliminary1Short titleThese regulations may be cited as the Rules Publication Regulations 1998 . 2CommencementThese regulations take effect on the day on which the Legislation Publication Act 1996 commences. 3Interpretation (1)  In these regulations – Act means the Rules Publication Act 1953 ; database means the database within the meaning of the Legislation Publication Act 1996 ; department means department as defined in the Administrative Arrangements Act 1990 ; exempt instrument means any instrument or class of instruments that is exempted under section 4(2) of the Act; notified includes published. (2)  The exercise by a rule-making authority of a statutory power that is of a legislative and not an executive character constitutes the making of a statutory rule. PART 2Making and publishing statutory rules4Examination and revision of statutory rules (1)  Before a statutory rule is made, a draft of the statutory rule proposed to be made is to be sent to the Chief Parliamentary Counsel in accordance with any instructions issued by the Chief Parliamentary Counsel. (2)  On receipt of the draft of a statutory rule, the Chief Parliamentary Counsel – (a) is to examine the draft; and (b) may revise the draft as the Chief Parliamentary Counsel considers necessary or desirable. (3)  A statutory rule is not to be made unless – (a) a draft of the statutory rule proposed to be made has been examined by the Chief Parliamentary Counsel and, if necessary or desirable, revised; and (b) the statutory rule conforms to the draft of the statutory rule as so examined or revised. 5Statutory rules not requiring examination or revision (1)  Regulation 4 does not apply to any of the following statutory rules unless the Act or other authority under or for the purposes of which the statutory rule is made requires it to be submitted for the approval, sanction, consent or confirmation of the Governor: (a) rules of court made by the judges or a majority of them; (b) a regulation, rule or by-law made under the authority of an Act by – (i) the judges or a majority of them; or (ii) a rule-making authority with the approval of the judges or a majority of them. (2)  Regulation 4 does not apply to rules of court or other provisions made by the judges or a majority of them under the authority, or for the purposes, of any of the following: (a) a Commonwealth Act; (b) any rule or regulation made under a Commonwealth Act. 6Printing of statutory rulesA statutory rule is to be printed with the following details specified on it: (a) a statement that the statutory rule is printed and numbered in accordance with the Act; (b) the date on which the statutory rule was notified in the Gazette; (c) the name of the department in or by which the statutory rule is administered; (d) in the case of a statutory rule that amends another statutory rule – (i) if the amended statutory rule was made before 1 January 1954 and is not on the database, a reference to the dates and pages of the Gazette in which that statutory rule and all subsequent amendments to that statutory rule were notified and, if any amendments were made to that statutory rule on or after 1 January 1954, the numbers allotted to those amendments; or (ii) if the amended statutory rule was made before 1 January 1954 and is on the database, a reference to the date and page of the Gazette in which that statutory rule was notified; or (iii) if the amended statutory rule was made on or after 1 January 1954 and is not on the database, the numbers allotted to that statutory rule and all subsequent amendments to that statutory rule; or (iv) if the amended statutory rule was made on or after 1 January 1954 and is on the database, the number allotted to that statutory rule. 7Notification of making of statutory rules (1)  The Government Printer is to publish in the Gazette in respect of any statutory rule printed under the Act a notice signed by or on behalf of the Chief Parliamentary Counsel that – (a) specifies – (i) the title of any Act or other authority under or for the purposes of which the statutory rule is made; and (ii) the number allotted to the statutory rule; and (iii) the title or subject matter of the statutory rule; and (iv) the place where copies of the statutory rule may be obtained; and (b) contains a statement indicating the general purport or effect of the statutory rule. (2)  A notice referred to in subregulation (1) is to be in a form determined by the Chief Parliamentary Counsel. 8Annual volume of statutory rules (1)  The ChiefParliamentary Counsel is to cause an annual volume of statutory rules to be prepared and published. (2)  The annual volume of statutory rules is to contain – (a) all statutory rules that were printed and numbered during the year to which the volume relates; and (b) a table including – (i) exempt instruments; and (ii) instruments in respect of which the Attorney-General has made a determination under section 2(2) of the Act; and (c) any other tables and indexes the Chief Parliamentary Counsel determines. PART 3Miscellaneous9Filing and recording of statutory rulesAny statutory rule made after the commencement of the Legislation Publication Act 1996 is to be filed and recorded by the Chief Parliamentary Counsel in the responsible Department in relation to that Act. 10RescissionThe Rules Publication Regulations 1997 are rescinded.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 18 March 1998

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations –

(a) provide for the examination and revision of drafts of statutory rules; and (b) regulate the form and manner in which statutory rules are to be printed; and (c) prescribe the manner in which statutory rules are to be notified in the Gazette; and (d) provide for the preparation and publication of an annual volume of statutory rules; and (e) provide for the filing and recording of statutory rules; and (f) rescind earlier regulations.