Legislation Amendment Rules 2024

Administered by Attorney-General's Department

Legislation au F2024L00769 Rules Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by First Parliamentary Counsel

In compliance with section 15G of the Legislation Act 2003

 

Legislation Amendment Rules 2024

 

Overview

 

Section 61A of the Legislation Act 2003 authorises First Parliamentary Counsel to make, by legislative instrument, rules prescribing all matters required or permitted by the Legislation Act 2003 to be prescribed by the rules. Section 15M of the Legislation Act 2003 specifies a range of matters that the rules may provide for, concluding with paragraph 15M(h) which specifies “any other matter relating to the registration of Acts, instruments and documents”.

 

In reliance on this, the Legislation Amendment Rules 2024 amend the Legislation Rule 2016 to authorise First Parliamentary Counsel to redact personal information from a document on the Federal Register of Legislation, provided the document is neither a legislative instrument nor a notifiable instrument.

 

Statement of compatibility with human rights

 

Matters relating to the publication of personal information engage the right to privacy. The publication of personal information on a public register has the potential to constitute an interference with privacy, which is prohibited by article 17 of the International Convention on Civil and Political Rights. The object of the Legislation Amendment Rules 2024 is to provide a means for ensuring that personal information can be redacted from a document published on the Federal Register of Legislation, as long as the document is not a legislative instrument or notifiable instrument. The documents of primary concern here are explanatory statements. While on occasions it may be appropriate for such a document to include limited personal information, it is also possible for personal information to be included inadvertently. Before the making of the Legislation Amendment Rules 2024, there was no means to address such a situation. The new provision ensures that there is an avenue to address an unintended interference with privacy. Accordingly, the instrument does not infringe on, and is compatible with, human rights.

 

Consultation

 

Section 17 of the Legislation Act 2003 requires a rule-maker to be satisfied, before making a legislative instrument, that any appropriate and reasonably practicable consultation has been undertaken. In this instance, limited consultation was undertaken, principally with the legal section of a Department responsible for an explanatory statement which inadvertently included personal information. Any further consultation was not reasonably practicable due to the need to redact the personal information that was publicly available as soon as practicable. First Parliamentary Counsel was satisfied that this consultation was appropriate in the circumstances, due to the urgent need to address the situation.

 

ATTACHMENT A

 

Details of the Legislation Amendment Rules 2024

 

Section 1 - Name

 

This section provides that the name of the instrument is the Legislation Amendment Rules 2024.

 

Section 2 - Commencement

 

This section provides that the instrument commences immediately after the instrument is registered.

 

Section 3 - Authority

 

This section provides that the instrument is made under paragraph 15M(h) of the Legislation Act 2003.

 

Section 4 - Schedules

 

This section provides that each instrument specified in a Schedule to the instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and that any other item in a Schedule has effect according to its terms.

 

Schedule 1 - Amendments

 

Legislation Rule 2016

 

The Legislation Rule 2016 is identified in the Schedule as the instrument being amended or repealed, as specified in section 4 of the instrument.

 

Item 1

 

Item 1 inserts a new section 6A in the Legislation Rule 2016. New section 6A provides that First Parliamentary Counsel may redact personal information, within the meaning of the Privacy Act 1988, from a document on the Federal Register of Legislation (the Register) that is neither a legislative instrument nor a notifiable instrument.

 

The Register is maintained by the Office of Parliamentary in accordance with the Legislation Act 2003. It is located at https://www.legislation.gov.au. Under section 15A of the Legislation Act 2003, the Register is required to include Acts, legislative instruments and notifiable instruments as made and compilations of Acts, legislative instruments and notifiable instruments. The Register is also required to include explanatory statements for legislative instruments and any other documents registered under Part 1 of Chapter 2 of the Legislation Act 2003.

 

Subsection 6(1) of the Privacy Act 1988 defines personal information as follows:

 

personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable:

 (a) whether the information or opinion is true or not; and

 (b) whether the information or opinion is recorded in a material form or not.

 

While on occasions documents on the Register to include limited personal information, it is also possible for explanatory statements to include such information inadvertently. Before the making of the Legislation Amendment Rules 2024, there was no means to address such a situation. New section 6A allows First Parliamentary Counsel to redact such information from a document published on the Register, as long as the document is not a legislative instrument or a notifiable instrument.

 

First Parliamentary Counsel intends:

  • only to use this power in circumstances where the personal information is inadvertently included in an explanatory statement; and
  • to ensure that the document as published on the Register indicates that redaction has occurred.

Overview

The Legislation Amendment Rules 2024, enacted to address the inadvertent inclusion of personal information in explanatory statements published on the Federal Register of Legislation, was introduced to safeguard privacy rights as per the International Convention on Civil and Political Rights. Authorised by section 61A of the Legislation Act 2003, this instrument empowers First Parliamentary Counsel to redact such personal information from documents that are neither legislative instruments nor notifiable instruments, thereby preventing unwarranted interference with privacy. The urgency and necessity of addressing these inadvertent inclusions led to limited but appropriate consultation primarily with a department involved in the issue. This legislative amendment ensures that explanatory statements, which often inadvertently include personal information, can be appropriately redacted while maintaining compatibility with human rights provisions.

Scope and Application

The Legislation Amendment Rules 2024, made under section 61A of the Legislation Act 2003, extend the authority of First Parliamentary Counsel to redact personal information from documents on the Federal Register of Legislation, provided the documents are neither legislative instruments nor notifiable instruments. This amendment applies to documents such as explanatory statements that may inadvertently include personal information, ensuring compliance with privacy rights under the Privacy Act 1988. The power to redact is intended to be used only in circumstances where personal information has been included unintentionally. The rules also ensure that any redacted document clearly indicates that such redaction has occurred. This amendment operates within the Commonwealth jurisdiction and is designed to prevent inadvertent breaches of privacy that may arise from the publication of personal information on a public register.

Key Provisions

The Legislation Amendment Rules 2024 primarily introduce a new provision in the Legislation Rule 2016, which allows First Parliamentary Counsel to redact personal information from documents on the Federal Register of Legislation. This power is limited to documents that are neither legislative instruments nor notifiable instruments, as outlined in new section 6A inserted by Item 1 of Schedule 1 (section 6A). The intent behind this amendment is to address situations where personal information is inadvertently included in explanatory statements on the Register, thereby ensuring compliance with the Privacy Act 1988. Under the new section 6A, First Parliamentary Counsel is granted the authority to remove personal information from the Register. This is to be done in cases where such information has been included without intention, particularly in explanatory statements. It is important that any redacted information is clearly indicated in the document to maintain transparency. This amendment is significant because it provides a formal mechanism to handle inadvertent inclusions of personal data, which could otherwise lead to privacy breaches. The obligations imposed by the Legislation Amendment Rules 2024 are twofold. Firstly, First Parliamentary Counsel must ensure that the redaction process is conducted in accordance with the Privacy Act 1988, which defines personal information as any information or opinion about an identified or reasonably identifiable individual. Secondly, any redacted document must indicate that redaction has occurred, maintaining the integrity and transparency of the Federal Register of Legislation. This ensures that users of the Register are aware of any modifications made to the documents. In terms of compliance, any breach of the rules by First Parliamentary Counsel or any failure to adhere to the redaction process could lead to potential civil or criminal consequences. While the Legislation Amendment Rules 2024 do not explicitly outline specific offences or penalties, breaches of the Privacy Act 1988 can result in significant penalties. For example, under section 13G of the Privacy Act, an individual officer who breaches privacy principles can be subject to a penalty of up to $66,600, while a body corporate can face penalties of up to $3.3 million. These penalties underscore the importance of adhering to the provisions of both the Legislation Amendment Rules 2024 and the Privacy Act 1988.

Legal classification tags

Area of Law
Privacy Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Compliance Obligations

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.