Legislation Rule 2016
made under the
Legislation Act 2003
Compilation No. 1
Compilation date: 21 June 2024
Includes amendments: F2024L00769
Registered: 29 June 2024
About this compilation
This compilation
This is a compilation of the Legislation Rule 2016 that shows the text of the law as amended and in force on 21 June 2024 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
Part 1—Preliminary
1 Name
3 Authority
4 Definitions
Part 2—Lodgement
5 Requirements for lodgement
6 Withdrawal of lodgement
6A Redacting personal information
7 Requirements for compilations
8 Compilations prepared and lodged by the Office of Parliamentary Counsel
Part 3—Registration
9 Approved website for registered material
10 Giving unique names
11 Inserting unique identifiers
12 Alternative arrangements in the event of technical difficulties
13 Events affecting the currency or accuracy of the Register
Part 4—Authorised versions
14 Authorised versions
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Editorial changes
Part 1—Preliminary
1 Name
This is the Legislation Rule 2016.
3 Authority
This instrument is made under the Legislation Act 2003.
4 Definitions
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) approved website;
(b) authorised version;
(c) compilation;
(d) legislative instrument;
(e) notifiable instrument;
(f) responsible person.
In this instrument:
Act means the Legislation Act 2003.
Part 2—Lodgement
5 Requirements for lodgement
(1) This section is for paragraphs 15M(a) and 15U(d) of the Act.
Method of lodgement
(2) An instrument, compilation of an instrument or other document must be lodged for registration:
(a) using the online facility at https://lodge.legislation.gov.au; or
(b) using another method agreed between the First Parliamentary Counsel and the person lodging the instrument, compilation or document.
Format for lodgement
(3) An instrument, compilation of an instrument or other document must be lodged using one of the following formats:
(a) .rtf, .doc or .docx format;
(b) another format agreed between the First Parliamentary Counsel and the person lodging the instrument, compilation or document.
Dynamic content
(4) An instrument, compilation of an instrument or other document lodged for registration must not contain any content that is dynamic and that may interfere with the content of the document.
Note: Examples of content that is dynamic and that may interfere with the content of the document include macros and fields. An example of content that may be dynamic but that could be included in an instrument, compilation or other document is a table of contents.
6 Withdrawal of lodgement
(1) This section is for paragraphs 15M(c) and 15U(e) of the Act.
(2) If an instrument, compilation of an instrument or other document has been lodged for registration but not registered, the person who lodged the instrument, compilation or document may withdraw it by:
(a) using the online lodgement facility at https://lodge.legislation.gov.au; or
(b) using another method agreed between the First Parliamentary Counsel and the person.
(3) If a person who lodged an instrument, compilation or other document becomes aware that any information provided when lodging the instrument, compilation or document is incomplete or inaccurate, the person must withdraw the instrument, compilation or document under subsection (2) as soon as practicable.
6A Redacting personal information
For the purposes of paragraph 15M(h) of the Act, the First Parliamentary Counsel may redact from a document on the Federal Register of Legislation, other than a legislative instrument or a notifiable instrument, any personal information (within the meaning of the Privacy Act 1988) contained in the document.
7 Requirements for compilations
For subparagraph 15U(d)(iii) of the Act, the information that must be provided for a compilation of an Act, legislative instrument or notifiable instrument (the principal law) that is lodged for registration is the following:
(a) the name of the principal law;
(b) the number of the compilation;
(c) the name of the Department or agency that prepared the compilation;
(d) a key setting out any abbreviations used in any notes to the compilation;
(e) for an instrument—the enabling legislation for the instrument.
8 Compilations prepared and lodged by the Office of Parliamentary Counsel
For subsection 15R(4) of the Act, section 15R of the Act does not require a compilation of a legislative instrument or notifiable instrument to be prepared and lodged for registration if:
(a) the Office of Parliamentary Counsel is required to undertake, or arrange for, the drafting of the instrument under:
(i) the Legal Services Directions 2005; or
(ii) any other legislative instrument relating to the legal services of the Commonwealth; or
(b) the Office of Parliamentary Counsel prepares and lodges the compilation for registration.
Part 3—Registration
9 Approved website for registered material
For section 15C of the Act, the approved website is https://www.legislation.gov.au.
10 Giving unique names
(1) For subparagraph 15M(b)(i) of the Act, the First Parliamentary Counsel may add a unique name to an instrument or other document lodged for registration if he or she is satisfied that the instrument or document as lodged does not have a name.
(2) For subparagraph 15M(b)(ii) of the Act, the First Parliamentary Counsel may amend the name of an instrument or other document lodged for registration to give the instrument or document a unique name if he or she is satisfied that the name of the instrument or document as lodged is not unique.
11 Inserting unique identifiers
For paragraph 15E(b) and subparagraph 15M(b)(iii) of the Act, before registering a document, the First Parliamentary Counsel may cause a unique identifier to be inserted into the document.
12 Alternative arrangements in the event of technical difficulties
(1) For paragraph 15M(f) of the Act, in the event of technical difficulties, the First Parliamentary Counsel must register an Act, instrument or other document by:
(a) publishing the Act, instrument or document on the website www.opc.gov.au; or
(b) if that website is not publicly available—publicly displaying a hard copy of the Act, instrument or document at 28 Sydney Avenue, Forrest, in the Australian Capital Territory.
(2) As soon as practicable after the technical difficulties have ceased, the First Parliamentary Counsel must make any Act, instrument or document that was registered in accordance with subsection (1) available to the public on the approved website.
13 Events affecting the currency or accuracy of the Register
For paragraph 15M(h) of the Act, if a responsible person for a registered Act, legislative instrument or notifiable instrument has given notice under section 15L of the Legislation Act 2003 to the First Parliamentary Counsel of the occurrence of an event in relation to the registered Act or instrument, the First Parliamentary Counsel may require the person to provide documentary evidence of the event.
Part 4—Authorised versions
14 Authorised versions
(1) For paragraphs 15ZA(1)(a) and (2)(a) of the Act, the format is PDF.
(2) For subparagraph 15ZA(1)(b)(ii), paragraph 15ZA(2)(b) and subsection 15ZA(3) of the Act, the way an electronic or printed copy of a registered law or explanatory statement indicates that it is an authorised version is by including any of the following in the copy:
(a) “Authorised version”;
(b) “ComLaw Authoritative Act”;
(c) “Federal Register of Legislative Instruments”;
(d) for an explanatory statement for a legislative instrument—“Explanatory Statement to” and a reference to the unique identifier for the instrument.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
Legislation Rule 2016 | 2 Mar 2016 (F2016L00229) | 5 Mar 2016 (s 2(1) item 1) |
|
Legislation Amendment Rules 2024 | 21 June 2024 (F2024L00769) | 6.33 pm (A.C.T.) 21 June 2024 (s 2(1) item 1) | — |
Endnote 4—Amendment history
Provision affected | How affected |
Part 1 |
|
s 2..................... | rep LA s 48D |
Part 2 |
|
s 5..................... | ed C1 |
s 6..................... | ed C1 |
s 6A.................... | ad F2024L00769 |
s 7..................... | ed C1 |
Endnote 5—Editorial changes
In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.
Subsection 5(1)
Kind of editorial change
Update to a reference of a law or a provision
Details of editorial change
Subsection 5(1) refers to “15U(1)(d)” instead of “15U(d)”.
This compilation was editorially changed to update a reference from “15U(1)(d)” to “15U(d)” in subsection 5(1).
Subsection 6(1)
Kind of editorial change
Update to a reference of a law or a provision
Details of editorial change
Subsection 6(1) refers to “15U(1)(e)” instead of “15U(e)”.
This compilation was editorially changed to update a reference from “15U(1)(e)” to “15U(e)” in subsection 6(1).
Section 7
Kind of editorial change
Update to a reference of a law or a provision
Details of editorial change
Section 7 refers to “15U(1)(d)(iii)” instead of “15U(d)(iii)”.
This compilation was editorially changed to update a reference from “15U(1)(d)(iii)” to “15U(d)(iii)” in section 7.