Acts and Instruments (Framework Reform) Act 2015

Administered by Attorney-General's Department

Legislation au C2015A00010 In force Act

Legislation content

Acts and Instruments (Framework Reform) Act 2015

No. 10, 2015

Compilation No. 2

Compilation date: 18 October 2023

Includes amendments up to: Act No. 74, 2023

Registered: 19 October 2023

About this compilation

This compilation

This is a compilation of the Acts and Instruments (Framework Reform) Act 2015 that shows the text of the law as amended and in force on 18 October 2023 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Acts, legislative instruments and notifiable instruments

Part 1—Definitions and key concepts

Legislative Instruments Act 2003

Part 2—Registration of Acts and instruments

Legislative Instruments Act 2003

Part 3—Legislative instruments and notifiable instruments generally

Legislative Instruments Act 2003

Part 4—Repeals

Acts Citation Act 1976

Acts Publication Act 1905

Ordinances and Regulations (Notification) Act 1972

Part 5—Amendments of other Acts

Acts Interpretation Act 1901

Defence Act 1903

Defence Force Discipline Act 1982

Defence Force Retirement and Death Benefits Act 1973

Family Law Act 1975

Federal Circuit Court of Australia Act 1999

Federal Court of Australia Act 1976

Great Barrier Reef Marine Park Act 1975

Health Insurance Commission (Reform and Separation of Functions) Act 1997

Human Rights (Parliamentary Scrutiny) Act 2011

Judiciary Act 1903

Motor Vehicle Standards Act 1989

Parliamentary Counsel Act 1970

Protection of the Sea (Prevention of Pollution from Ships) Act 1983

Radiocommunications Act 1992

Telecommunications Act 1997

Trade Marks Act 1995

Part 6—References to the Legislative Instruments Act 2003

Part 7—Application, savings and transitional

Schedule 2—Machinery of government changes

Part 1—Acts Interpretation Act 1901

Part 2—Application and transitional

Schedule 3—Updating references to instruments

Part 1—Repeal of Act

Legislative Instruments (Transitional Provisions and Consequential Amendments) Act…

Overview

The Acts and Instruments (Framework Reform) Act 2015 was enacted to amend the Legislative Instruments Act 2003 and various other acts, addressing the need for a streamlined and coherent framework for the registration, scrutiny, and management of legislative instruments and notifiable instruments within the Commonwealth. The Act was passed by the Parliament of Australia and seeks to enhance the accessibility and transparency of legislative instruments, which include regulations, rules, ordinances, or other instruments made under an Act. The Act introduces a unified system for the registration and management of Commonwealth Acts, legislative instruments, and notifiable instruments on the Federal Register of Legislation, which is maintained by the First Parliamentary Counsel. This centralised register is designed to provide a single point of reference for authorised versions of these instruments and related documents, ensuring that the public has access to accurate and up-to-date legal texts. Furthermore, the Act mandates that legislative instruments undergo appropriate consultation before they are made and establishes protocols for their tabling in Parliament and disallowance by either House. It also provides for the automatic repeal of legislative instruments that only amend, repeal, or commence other instruments, ensuring that the legislative framework remains current and relevant. The Act ensures that notifiable instruments, which do not require parliamentary scrutiny or sunsetting, are clearly defined and managed. Additionally, the Act introduces mechanisms for the sunsetting of legislative instruments after a fixed period, with exceptions for instruments declared by law to be exempt from this requirement. The Act aims to promote high drafting standards for legislative instruments and notifiable instruments, and it provides for the review of its operation to ensure effectiveness and alignment with legislative intent.

Scope and Application

The Acts and Instruments (Framework Reform) Act 2015 applies to all Commonwealth Acts, legislative instruments, and notifiable instruments. Legislative instruments are instruments that determine the law or alter its content, while notifiable instruments are those that are registered on the Federal Register of Legislation but are not subject to parliamentary scrutiny or automatic repeal. The Act amends the Legislative Instruments Act 2003, changing its short title to the Legislation Act 2003, and introduces new provisions for the registration and management of legislative and notifiable instruments on the Federal Register of Legislation. The Act also updates references to legislative instruments in other Acts and introduces machinery of government changes to ensure references in Acts and Commonwealth agreements continue to be relevant after changes to departments or ministers. This legislation applies nationally within the Commonwealth of Australia and includes provisions that may be extended or restricted through subordinate instruments such as regulations and rules. The Act’s provisions commenced on 5 March 2015, with the remainder of the Schedules coming into effect on 5 March 2016 or, if later, within 12 months from the Royal Assent date.

Key Provisions

  • The Acts and Instruments (Framework Reform) Act 2015 (the Act) primarily revises the Legislative Instruments Act 2003 (LIA) and updates other specified Acts to reflect the change in the short title of the LIA to the Legislation Act 2003 (LA). The Act introduces several key provisions concerning legislative instruments, notifiable instruments, and the Federal Register of Legislation. Legislative instruments and notifiable instruments are registered on the Federal Register of Legislation, which is maintained by the First Parliamentary Counsel. The public can access authorised versions of registered Acts, legislative instruments, notifiable instruments, and compilations through an approved website. The First Parliamentary Counsel is tasked with ensuring the accuracy of the Register and may make editorial changes to the registered text if they do not alter the effect of the law. Legislative instruments are instruments that determine the law or alter its content, while notifiable instruments are those that are registered as such or prescribed by regulation, but do not include rules of court. The Act mandates consultation by rule-makers before making legislative instruments and requires legislative instruments to be tabled in Parliament, subject to disallowance. Legislative instruments are generally subject to automatic repeal if they merely provide for the amendment, repeal, or commencement of other instruments, or after ten years from their registration. Notifiable instruments, however, are not subject to automatic repeal or disallowance. The Act also provides for the repeal of certain spent instruments and provisions and the sunsetting of legislative instruments.
  • The Act imposes several obligations on the parties involved. Rule-makers must ensure that any consultation deemed appropriate and reasonably practicable has taken place before making legislative instruments. They are also responsible for lodging instruments for registration, along with explanatory statements for legislative instruments. The First Parliamentary Counsel must register Acts, legislative instruments, and notifiable instruments, and ensure the Register of Legislation is accurate and up-to-date. The First Parliamentary Counsel has the authority to make editorial changes and other changes in preparing compilations if those changes do not affect the substance of the law. Responsible persons for Acts and rule-makers for legislative instruments or notifiable instruments must notify the First Parliamentary Counsel of events affecting the status of the Acts or instruments.
  • Breaches of the Act may result in criminal or civil consequences. For instance, failure to comply with the requirements for registration, such as not lodging an instrument for registration, could render the instrument unenforceable. Legislative instruments that are not tabled in Parliament as required may also be subject to disallowance by either House. The Act provides for penalties for certain offences, including a fine of up to 5,000 penalty units for failing to make a legislative instrument subject to disallowance, or for making a legislative instrument that is not subject to disallowance but was not tabled. If a legislative instrument or provision of such an instrument is made within six months of a disallowance, without the approval of the relevant House, it has no effect. These provisions underline the importance of adhering to the legislative framework set by the Act to ensure the validity and enforceability of legislative and notifiable instruments.

Legal classification tags

Area of Law
Legislative Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Delegated & Subordinate Legislation
Enforcement Powers
Compliance Obligations
Consultation Requirements
CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Acts and Instruments (Framework Reform) Act 2015 and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Citations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.