Legislation (General) Regulations 2025

Administered by Attorney-General's Department

Legislation au F2025L01075 Regulations In force Legislative Instrument

Legislation content

Legislation (General) Regulations 2025

 

 

EXPLANATORY STATEMENT

 

Issued by authority of the Attorney-General

in compliance with section 15J of the Legislation Act 2003

 

Purpose and operation of the Instrument

The Legislation Act 2003 (the Legislation Act) provides for the registration, tabling, parliamentary scrutiny, disallowance and sunsetting of instruments. Section 62 of the Legislation Act provides that the Governor‑General may make regulations, prescribing matters required or permitted by the Legislation Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Legislation Act. Subsection 57(5) of the Legislation Act has the effect that particular disallowance provisions can be prescribed so that they continue to apply to the relevant instruments, instead of the standard disallowance regime under the Legislation Act.

 

Disallowance under Part 2 of Chapter 2 of the Legislation Act is the process by which instruments are subject to veto by Parliament. It is a mechanism for parliamentary oversight of delegated legislation. 

 

The Regulations have the effect that the particular disallowance provisions in subsections 7(8) and (8A) of the Remuneration Tribunal Act 1973 (Remuneration Tribunal Act) continue to apply to determination instruments made under that Act, instead of the standard disallowance provisions in the Legislation Act. A bespoke disallowance regime is required to meet the particular needs of the Remuneration Tribunal Act framework, including determinations relating to judicial remuneration and Australian Capital Territory (ACT) offices. 

 

The Regulations are a legislative instrument for the purposes of the Legislation Act. The Regulations commence on the day after registration.

 

Consultation

The Regulations replace the Legislation (General) Regulation 2015, which sunset on 1 October 2025. The Attorney-General’s Department (the department) undertook consultation to determine whether the 2015 instrument needed to be replaced ahead of sunsetting. Consultation occurred with the Australian Public Service Commission and the Department of Prime Minister and Cabinet, being the administering agency for the Remuneration Tribunal Act 1973. Both agencies supported the Regulation being remade in substantially the same form, as it fulfils ongoing requirements under the Legislation Act.

 

Statement of Compatibility with Human Rights

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

Legislation (General) Regulations 2025

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 Legislation Act 2003 (the Legislation Act) provides for the registration, tabling, parliamentary scrutiny, disallowance and sunsetting of instruments. Section 62 of the Legislation Act provides that the Governor‑General may make regulations, prescribing matters required or permitted by the Legislation Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Legislation Act. Subsection 57(5) of the Legislation Act has the effect that particular disallowance provisions can be prescribed so that they continue to apply to the relevant instruments, instead of the standard disallowance regime under the Legislation Act.

 

Disallowance under Part 2 of Chapter 2 of the Legislation Act is the process by which instruments are subject to veto by Parliament. It is a mechanism for parliamentary oversight of delegated legislation. 

 

The Legislation (General) Regulations 2025 has the effect that the particular disallowance provisions in subsections 7(8) and (8A) of the Remuneration Tribunal Act 1973 (Remuneration Tribunal Act) continue to apply to determination instruments made under that Act, instead of the standard disallowance provisions in sections 42 to 48 of the Legislation Act. A bespoke disallowance regime is required to meet the particular needs of the Remuneration Tribunal Act framework, including determinations relating to judicial remuneration and ACT offices. 

Human rights implications

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

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

 

 

 

 

Attachment A

NOTES ON SECTIONS

Section 1 – Name

This section provides that the title of the instrument is the Legislation (General) Regulations 2025.

Section 2 – Commencement

This section provides for the commencement of each provision under the proposed Regulations.

Table item 1 provides that the whole of the proposed Regulations commences the day after registration.

Section 3 – Authority

This section provides that the instrument is made under the Legislation Act 2003.

Section 4 – Schedules

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

Section 5 – Definitions

This section provides for definitions to be used for the purpose of the instrument. The section provides that in this instrument, ‘Act’ means the Legislation Act 2003.

Section 6 – Continuing disallowance provisions

This section provides that the bespoke disallowance regime created by subsections (7)8 and (8A) of the Remuneration Tribunal Act will continue to apply to determination instruments under the Renumeration Tribunal Act instead of the standard disallowance regime under the Legislation Act. Notes 1 and 2 set out this explanation on the face of the instrument to assist readers.

 

Subsection 7(8) of the Remuneration Tribunal Act has the effect that judicial remuneration determinations do not come into force until the end of the disallowance period. Under the standard disallowance process, legislative instruments come into force once they are registered on the Federal Register of Legislation, upon which the disallowance period commences. The instrument may subsequently cease to have effect if it is disallowed. This could result in the commencement, then later cessation, of a determination of judicial remuneration. This section ensures that subsection 7(8) of the Remuneration Tribunal Act continues to apply to judicial remuneration determinations to ensure compliance with the constitutional requirement that a judge’s remuneration not be reduced while the judge is in office.

 

Subsection 7(8A) of the Remuneration Tribunal Act provides for disallowance of determinations relating to an ACT office by the Legislative Assembly for the ACT. This appropriately precludes the Commonwealth Parliament from disallowing determinations relating to an ACT office, as would be the case if the disallowance regime under the Legislation Act were to apply.

 

Schedule 1 – Repeals

Schedule 1 provides for the repeal of the Legislation (General) Regulation 2015. This ensures that the Legislation (General) Regulation 2015 ceases operation concurrently with the commencement of the replacement instrument.

 

 

 

 

 

 

Overview

The Legislation (General) Regulations 2025 were enacted to ensure that the particular disallowance provisions of the Remuneration Tribunal Act 1973 continue to apply to determination instruments made under that Act, instead of the standard disallowance provisions in the Legislation Act 2003. This was necessary to meet the specific needs of the Remuneration Tribunal Act framework, particularly in relation to judicial remuneration and Australian Capital Territory (ACT) offices, thereby ensuring ongoing compliance with constitutional requirements and appropriate jurisdictional oversight. The Regulations were made under the authority of the Governor-General in accordance with section 62 of the Legislation Act 2003, and they commenced on the day after registration. The Attorney-General’s Department consulted with relevant agencies, including the Australian Public Service Commission and the Department of Prime Minister and Cabinet, to determine the necessity of replacing the previous Legislation (General) Regulation 2015 ahead of its sunset on 1 October 2025, with both agencies supporting the continuation of the current disallowance regime in substantially the same form.

Scope and Application

The Legislation (General) Regulations 2025 applies to the disallowance provisions of determination instruments made under the Remuneration Tribunal Act 1973. These instruments pertain to determinations related to judicial remuneration and Australian Capital Territory (ACT) offices, ensuring that a judge's remuneration is not reduced while they are in office and preventing the Commonwealth Parliament from disallowing determinations concerning ACT offices. The Regulations apply Commonwealth-wide and have the effect of maintaining the particular disallowance provisions of subsections 7(8) and (8A) of the Remuneration Tribunal Act, ensuring they continue to apply instead of the standard disallowance regime under the Legislation Act. The Regulations replace the Legislation (General) Regulation 2015, which ceased operation on 1 October 2025. There are no stated exclusions or exemptions within the Regulations themselves, though the disallowance provisions of the Remuneration Tribunal Act may contain specific exclusions or conditions. The Regulations do not extend or restrict application through subordinate instruments.

Key Provisions

The Legislation (General) Regulations 2025, under the Legislation Act 2003, introduce specific provisions governing the disallowance process for certain legislative instruments. Section 6 of the Regulations continues the bespoke disallowance regime in subsections 7(8) and (8A) of the Remuneration Tribunal Act 1973 for determination instruments made under that Act. This ensures that these instruments do not come into force until the disallowance period has ended, maintaining the constitutional requirement that a judge’s remuneration not be reduced during their tenure. The Regulations also ensure that the Legislative Assembly for the Australian Capital Territory has the authority to disallow determinations relating to ACT offices, preventing the Commonwealth Parliament from exercising this authority. The Regulations impose specific obligations on the relevant parties. For determination instruments under the Remuneration Tribunal Act, the disallowance provisions outlined in the Remuneration Tribunal Act must be followed instead of the standard disallowance regime under the Legislation Act. This includes ensuring that judicial remuneration determinations do not come into force until the disallowance period has elapsed, and that determinations relating to ACT offices are subject to disallowance by the Legislative Assembly for the ACT. These obligations are critical to maintaining the integrity of the remuneration framework and ensuring compliance with constitutional requirements. Failure to comply with the disallowance provisions as specified in the Regulations can result in significant consequences. If a determination instrument is not properly disallowed or if the disallowance period is not observed, the instrument may cease to have effect. This could lead to a cessation of the implementation of judicial remuneration or other determinations, potentially resulting in legal and administrative complications. Additionally, improper application of the disallowance provisions could lead to civil or criminal penalties, although specific penalties are not detailed in the Regulations. The Regulations also include provisions for the commencement, authority, and definitions used within the instrument. Section 2 specifies that the Regulations commence the day after registration, while Section 3 states that the instrument is made under the Legislation Act 2003. Section 5 provides definitions for terms such as ‘Act,’ ensuring clarity and consistency in interpretation. These structural provisions are essential for the effective implementation and enforcement of the disallowance regime outlined in the Regulations.

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Area of Law
Administrative Law
Instrument
Regulation
Concepts
Commencement Provisions
Delegated & Subordinate Legislation
Parliamentary Oversight
Offence Provisions
Disallowance Provisions

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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.