Acts Interpretation and Family Law Amendment Regulation 2012 (No. 1)

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Legislation au F2012L00545 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Select Legislative Instrument 2012 No. 18

Issued by Authority of the Attorney-General

Acts Interpretation Act 1901

Family Law Act 1975

Acts Interpretation and Family Law Amendment Regulation 2012 (No. 1)

The Acts Interpretation Act 1901 (the AIA) provides rules for the interpretation of Acts of the Commonwealth Parliament.

 

Section 51 of the AIA provides that the Governor‑General may make regulations prescribing matters required or permitted by the AIA to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the AIA.

 

Subsection 125(1) of the Family Law Act 1975 (the Family Law Act) provides, in part, that the Governor‑General may make regulations, not inconsistent with the Family Law Act, prescribing all matters required or permitted by the Family Law Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Family Law Act.

 

The purpose of the Regulation is to clarify the commencement of the Acts Interpretation (Registered Relationship) Amendment Regulation 2012 (No. 1) and items [1] and [2] of Schedule 1 of the Family Law Amendment Regulation 2012 (No. 1).

 

In particular, the Regulation:

  • amends the commencement of the Acts Interpretation (Registered Relationship) Amendment Regulation 2012 (No. 1) so that it commences on the commencement of the Regulation.
  • Amends the commencement of items [1] and [2] of Schedule 1 of the Family Law Amendment Regulation 2012 (No. 1) so that those items commence on the commencement of the Regulation.
  • amends section 1 of the Acts Interpretation (Registered Relationship) Amendment Regulation 2012 (No. 1) to ensure its title is consistent with the Acts Interpretation (Registered Relationships) Regulations 2008 by changing “Relationship” to “Relationships”.
  • amend section 3 of the Acts Interpretation (Registered Relationship) Amendment Regulation 2012 (No.1) to correct a drafting error.  This amendment changes “Relationship” to “Relationships” to refer to the correct title of the Principal Regulations (Acts Interpretation (Registered Relationships) Regulations 2008).

 

The AIA and the Family Law Act specify no conditions that need to be satisfied before the power to make the Regulation may be exercised.

 

The Queensland Department of Justice was consulted on the Regulation.  No further consultation was considered necessary because the Regulation does not alter the substantive effect of the Acts Interpretation (Registered Relationship) Amendment Regulation 2012 (No. 1) or the Family Law Amendment Regulation 2012 (No. 1).

 

The Regulation commences on the day it is registered.

 

The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

Details of the Regulation is as follows:

Section 1 — Name of regulation

Section 1 provides that the title of the Regulation is the Acts Interpretation and Family Law Amendment Regulation 2012 (No. 1).

Section 2 — Commencement

Section 2 provides that the Regulation commences on the day it is registered.

Section 3 — Amendment of Acts Interpretation (Registered Relationship) Amendment Regulation 2012 (No. 1) and Family Law Amendment Regulation 2012 (No. 1)

Section 3 provides that the:

  • Acts Interpretation (Registered Relationship) Amendment Regulation 2012 (No. 1) is amended as set out in Part 1 of Schedule 1; and
  • Family Law Amendment Regulation 2012 (No. 1) is amended as set out in Part 2 of Schedule 1.

Schedule 1 — Amendments

Part 1 – Amendments of Acts Interpretation (Registered Relationship) Amendment Regulation 2012 (No. 1)

Item [1] – Sections 1 to 3

Item 1 substitutes sections 1, 2 and 3 of the Acts Interpretation (Registered Relationship) Amendment Regulation 2012 (No. 1).

Substituted section 1 amends the title of the Acts Interpretation (Registered Relationship) Amendment Regulation 2012 (No. 1) by changing “Relationship” to “Relationships”.  This ensures the title is consistent with the Acts Interpretation (Registered Relationships) Regulations 2008.

Substituted section 2 amends the commencement of the Acts Interpretation (Registered Relationship) Amendment Regulation 2012 (No. 1) by providing that it commences on the commencement of the Regulation.  The Regulation commences on the day it is registered.  This will provide a clear date of commencement of the Regulation.

Substituted section 3 corrects a drafting error by changing “Relationship” to “Relationships” to refer to the correct title of the Principal Regulations (Acts Interpretation (Registered Relationships) Regulations 2008).

Part 2 – Amendment of Family Law Amendment Regulation 2012 (No. 1)

Item [2] – Paragraph 2 (b)

Item 2 substitutes paragraph 2(b) of the Family Law Amendment Regulation 2012 (No. 1) by providing that the Family Law Amendment Regulation 2012 (No. 1) commences on the commencement of the Regulation.  The Regulation commences on the day it is registered.  This provides a clear date of commencement for items [1] and [2] of the Family Law Amendment Regulation 2012 (No. 1).


STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Acts Interpretation and Family Law Amendment Regulation 2012 (No. 1)

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The Regulation clarifies the commencement of the Acts Interpretation (Registered Relationship) Amendment Regulation 2012 (No. 1) and items [1] and [2] of Schedule 1 of the Family Law Amendment Regulation 2012 (No. 1).

 

The Regulation also amends the title of the Acts Interpretation (Registered Relationship) Amendment Regulation 2012 (No. 1), by changing “Relationship” to “Relationships”, to ensure its title is consistent with the Acts Interpretation (Registered Relationships) Regulations 2008.

 

Further, the Regulation fixes a drafting error in section 3 of the Acts Interpretation (Registered Relationship) Amendment Regulation 2012 (No. 1) by changing “Relationship” to “Relationships” when referring to the Acts Interpretation (Registered Relationships) Regulations 2008 in that section.

Human Rights Implications

This Regulation does not engage any of the applicable rights or freedoms.

Conclusion

The Regulation is compatible with human rights as it does not raise any human rights issues.

 

 

The Hon Nicola Roxon MP

Attorney-General

 

Overview

The Acts Interpretation and Family Law Amendment Regulation 2012 (No. 1) was enacted by the Commonwealth of Australia to amend the Acts Interpretation (Registered Relationship) Amendment Regulation 2012 (No. 1) and the Family Law Amendment Regulation 2012 (No. 1). The primary purpose of this Regulation is to clarify the commencement dates of these regulations and to correct a drafting error. The Regulations were introduced without prejudice to any substantive effect and were developed following consultation with the Queensland Department of Justice. The Regulation commences on the day it is registered and is a legislative instrument under the Legislative Instruments Act 2003. The Regulation does not engage any of the applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011. This Regulation ensures that the Acts Interpretation (Registered Relationship) Amendment Regulation 2012 (No. 1) and items [1] and [2] of Schedule 1 of the Family Law Amendment Regulation 2012 (No. 1) commence on the date of registration of the Regulation itself, providing a clear and precise commencement date. Additionally, the Regulation corrects a drafting error by ensuring the title of the Acts Interpretation (Registered Relationship) Amendment Regulation 2012 (No. 1) is consistent with the Acts Interpretation (Registered Relationships) Regulations 2008, and it rectifies a reference error within the same regulation. These amendments are designed to maintain the integrity and clarity of the legislative framework without altering the substantive legal effects of the original regulations.

Scope and Application

The Acts Interpretation and Family Law Amendment Regulation 2012 (No. 1) amends the commencement of two other legislative instruments, namely the Acts Interpretation (Registered Relationship) Amendment Regulation 2012 (No. 1) and the Family Law Amendment Regulation 2012 (No. 1). It also makes minor corrections to the title of the Acts Interpretation (Registered Relationship) Amendment Regulation 2012 (No. 1) to ensure consistency with the Acts Interpretation (Registered Relationships) Regulations 2008 and corrects a drafting error in the same regulation. This regulation applies to the Acts Interpretation Act 1901 and the Family Law Act 1975, and it is a legislative instrument for the purposes of the Legislative Instruments Act 2003. The Regulation clarifies the commencement of these two legislative instruments and does not engage any of the applicable rights or freedoms, making it compatible with human rights.

Key Provisions

The key sections of the Acts Interpretation and Family Law Amendment Regulation 2012 (No. 1) (the Regulation) primarily concern the clarification of commencement dates for the Acts Interpretation (Registered Relationship) Amendment Regulation 2012 (No. 1) and items [1] and [2] of Schedule 1 of the Family Law Amendment Regulation 2012 (No. 1). Section 2 of the Regulation states that it commences on the day it is registered, ensuring that these regulations start on the same day as the Regulation's registration (section 2). Additionally, section 3 of the Regulation amends the commencement provisions of both the Acts Interpretation (Registered Relationship) Amendment Regulation 2012 (No. 1) and the Family Law Amendment Regulation 2012 (No. 1) so that they align with the commencement of the Regulation (section 3). Furthermore, the Regulation makes minor title amendments to ensure consistency with the Acts Interpretation (Registered Relationships) Regulations 2008 and corrects a drafting error in the Acts Interpretation (Registered Relationship) Amendment Regulation 2012 (No. 1) (Schedule 1, Part 1, Items 1 and 3). The Regulation imposes several obligations on the relevant parties. Firstly, it mandates that the Acts Interpretation (Registered Relationship) Amendment Regulation 2012 (No. 1) and the Family Law Amendment Regulation 2012 (No. 1) commence on the same day as the Regulation. This is achieved through amendments in section 3 of the Regulation, ensuring a clear and consistent commencement date for these instruments (section 3). Additionally, the Regulation requires that the title of the Acts Interpretation (Registered Relationship) Amendment Regulation 2012 (No. 1) be amended to match the title of the Acts Interpretation (Registered Relationships) Regulations 2008, thereby ensuring consistency in the naming conventions of related regulations (Schedule 1, Part 1, Item 1). Lastly, it corrects a drafting error in section 3 of the Acts Interpretation (Registered Relationship) Amendment Regulation 2012 (No. 1), ensuring that the correct title of the principal regulations is referenced (Schedule 1, Part 1, Item 3). The Regulation does not establish any new offences or penalties but ensures that the commencement of the Acts Interpretation (Registered Relationship) Amendment Regulation 2012 (No. 1) and the Family Law Amendment Regulation 2012 (No. 1) is properly aligned with its own commencement. However, the failure to comply with the corrected commencement provisions or the corrected title references could lead to confusion or legal uncertainty regarding the effective dates and applicability of these regulations. The Regulation itself does not impose additional penalties for non-compliance but ensures that any existing legal frameworks are correctly referenced and implemented (section 3).

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