Legislative Instruments Amendment Regulation 2012 (No. 1)

Administered by Attorney-General's Department

Legislation au F2012L01653 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument 2012 No. 179

 

ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL

 

LEGISLATIVE INSTRUMENTS ACT 2003

 

Legislative Instruments Amendment Regulation 2012 (No. 1)

 

The Legislative Instruments Act 2003 (the Act) provides a comprehensive regime for the registration, tabling, scrutiny and sunsetting of Commonwealth legislative instruments. 

 

Section 62 provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

The purpose of the Regulation is to implement a government decision to transfer the functions of the Office of Legislative Drafting and Publishing within the Attorney-General’s Department to the Office of Parliamentary Counsel. 

 

The Regulation supports the changes which are being made to the Act by the Parliamentary Counsel and Other Legislation Amendment Act 2012, which transfer functions from the Secretary of the Department to the First Parliamentary Counsel of the Office of Parliamentary Counsel; and from the Department to the Office of Parliamentary Counsel.

 

Details of the Regulation are set out in the Attachment. 

 

The Act specifies no conditions that need to be met before the power to make the Regulation may be exercised.

 

The Regulation amends the Legislative Instruments Regulations 2004.

 

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

 

The Regulation commences on the same day as the commencement of Schedule 1 to the Parliamentary Counsel and Other Legislation Amendment Act 2012.

 

The Regulation was developed in consultation with the Office of Parliamentary Counsel and the Office of Legislative Drafting and Publishing.  The Office of Best Practice Regulation has advised that a Regulation Impact Statement is not required as the amendments are machinery in nature and do not change the regulatory burden placed on businesses or the non-profit sector.

 

The Regulation 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.  The amendments made by the Regulation do not engage any of the applicable rights or freedoms under that Act.  

 

Authority:  Section 62 of the  
Legislative Instruments
Act 2003   

 


ATTACHMENT

 

Details of the Legislative Instruments Amendment Regulation 2012 (No. 1)

 

Section 1 – Name of regulation

 

Section 1 provides that the Regulation be named the Legislative Instruments Amendment Regulation 2012 (No. 1).

 

Section 2 - Commencement

 

Section 2 provides that the Regulation commences on the commencement of Schedule 1 to the Parliamentary Counsel and Other Legislation Amendment Act 2012.

 

Section 3 – Amendment of Legislative Instruments Regulations 2004

 

Section 3 provides that Schedule 1 amends the Legislative Instruments Regulations 2004.

 

Schedule 1 – Amendments

 

Item [1] substitutes new subregulations 4(2) and 4(3).  Subregulation 4(2) provides for the way in which an electronic document can be lodged for registration.  It may be lodged in prescribed formats or in a format agreed to by the Secretary of the Attorney‑General’s Department (subregulation 4(2)(a)) and may be given to the Secretary through an electronic lodgement facility or in another way agreed by the Secretary (subregulation 4(2)(b)).  The Regulation removes the references to the Secretary and provides that the format or lodgement can occur in another way agreed, in writing, by the First Parliamentary Counsel of the Office of Parliamentary Counsel. 

 

Subregulation 4(3) provides for the ways in which a non-electronic document can be lodged.  It may be delivered or posted to the Office of Legislative Drafting and Publishing or otherwise given to the Secretary in a way agreed by the Secretary.  The Regulation removes the references to the Office of Legislative Drafting and Publishing and to the Secretary and provides that a non-electronic document is lodged if it is delivered or posted to the Office of Parliamentary Counsel or delivered, posted or otherwise given to the First Parliamentary Counsel in a way agreed in writing.

 

These amendments support the transfer of functions from the Office of Legislative Drafting and Publishing to the Office of Parliamentary Counsel.

 

Item [2] removes the reference to Secretary in regulation 5 and inserts in its place a reference to the First Parliamentary Counsel.  Regulation 5 currently provides that when lodging a legislative instrument for registration, certain prescribed information must also be lodged with the Secretary.  The Regulation ensures that the prescribed information is instead lodged with the First Parliamentary Counsel.

 

This amendment supports the transfer of functions from the Office of Legislative Drafting and Publishing to the Office of Parliamentary Counsel.

 

Overview

The Legislative Instruments Amendment Regulation 2012 (No. 1) was enacted to implement a government decision to transfer the functions of the Office of Legislative Drafting and Publishing within the Attorney-General’s Department to the Office of Parliamentary Counsel. This Regulation, made under the authority of the Legislative Instruments Act 2003, supports the changes introduced by the Parliamentary Counsel and Other Legislation Amendment Act 2012, which reallocates specific functions from the Secretary of the Department to the First Parliamentary Counsel of the Office of Parliamentary Counsel, and from the Department to the Office of Parliamentary Counsel. The primary objective of this Regulation is to align the legislative framework with the new functional arrangements, ensuring a smooth transition of responsibilities and maintaining the integrity of the legislative process. The amendments do not impose additional regulatory burdens on businesses or the non-profit sector, as confirmed by the Office of Best Practice Regulation, and are compatible with human rights and freedoms as recognised by relevant international instruments.

Scope and Application

The Legislative Instruments Amendment Regulation 2012 (No. 1) pertains to the functions and administrative details of the Legislative Instruments Act 2003. This regulation applies to all legislative instruments under the Act, which include regulations, rules, and other instruments created by Commonwealth authorities. It facilitates the administrative changes arising from the transfer of functions from the Office of Legislative Drafting and Publishing within the Attorney-General’s Department to the Office of Parliamentary Counsel. The geographic reach of this Act is confined to the Commonwealth of Australia, impacting all entities involved in the creation and registration of legislative instruments. The Regulation provides specific instructions for the lodging of electronic and non-electronic documents, replacing references to the Secretary of the Attorney-General’s Department and the Office of Legislative Drafting and Publishing with the First Parliamentary Counsel of the Office of Parliamentary Counsel. This change ensures that all documents are lodged according to the agreed formats and methods specified by the First Parliamentary Counsel. The Regulation does not specify any exclusions or thresholds but rather focuses on the administrative mechanisms of the legislative process.

Key Provisions

The Legislative Instruments Amendment Regulation 2012 (No. 1) amends the Legislative Instruments Regulations 2004 to implement a transfer of functions from the Office of Legislative Drafting and Publishing within the Attorney-General's Department to the Office of Parliamentary Counsel, as directed by the Parliamentary Counsel and Other Legislation Amendment Act 2012. These amendments are necessary to reflect the new roles and responsibilities under the revised legislative framework. Section 3 of the Regulation amends subregulations 4(2) and 4(3) of the Legislative Instruments Regulations 2004. Subregulation 4(2) specifies that an electronic document can be lodged for registration in prescribed formats or in a format agreed upon by the First Parliamentary Counsel of the Office of Parliamentary Counsel (subregulation 4(2)(a)), and it can be submitted via an electronic lodgement facility or another method agreed upon in writing by the First Parliamentary Counsel (subregulation 4(2)(b)). Subregulation 4(3) details that a non-electronic document can be lodged by delivery or post to the Office of Parliamentary Counsel, or by another method agreed upon in writing by the First Parliamentary Counsel. The Regulation imposes specific obligations on parties lodging documents for registration. It mandates that electronic documents be lodged in a format agreed upon by the First Parliamentary Counsel, and non-electronic documents must be submitted in a manner also agreed upon in writing by the First Parliamentary Counsel. Furthermore, it requires that prescribed information accompanying a legislative instrument be lodged with the First Parliamentary Counsel instead of the Secretary, as previously required. There are no specific offences, penalties, or consequences outlined for breaches of the Regulation itself. However, the overarching Act, the Legislative Instruments Act 2003, could potentially impose penalties for non-compliance with its requirements. The specific penalties would depend on the nature and severity of the breach, but they could include fines or other sanctions as prescribed under the Act.

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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.