Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003

Administered by Attorney-General's Department

Legislation au C2004A01225 Not in force Act

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Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003

 

No. 140, 2003

 

 

 

 

 

An Act to deal with transitional and consequential matters arising from the enactment of the Legislative Instruments Act 2003, and for other purposes

 

 

Contents

Part 1—Preliminary

1 Short title

2 Commencement

3 Schedule(s)

Part 2—Transitional provisions etc.

4 Transitional provisions

5 Transitional regulations

Schedule 1—Amendments and repeals of other legislation

Aboriginal and Torres Strait Islander Commission Act 1989

Acts Interpretation Act 1901

Air Navigation Act 1920

Amendments Incorporation Act 1905

Australian Capital Territory (Planning and Land Management) Act 1988

Australian Capital Territory (Self‑Government) Act 1988

Australian Securities and Investments Commission Act 2001

Commonwealth Electoral Act 1918

Corporations Act 2001

Criminal Code Act 1995

Customs Act 1901

Family Law Act 1975

Federal Court of Australia Act 1976

Federal Magistrates Act 1999

Income Tax Assessment Act 1936

International Organisations (Privileges and Immunities) Act 1963

Judiciary Act 1903

Public Service Act 1999

Statutory Rules Publication Act 1903

Sydney Airport Curfew Act 1995

Veterans’ Entitlements Act 1986

 

Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003

No. 140, 2003

 

 

 

An Act to deal with transitional and consequential matters arising from the enactment of the Legislative Instruments Act 2003, and for other purposes

[Assented to 17 December 2003]

The Parliament of Australia enacts:

Part 1—Preliminary

 

1  Short title

  This Act may be cited as the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences on the day or at the time specified in column 2 of the table.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent

17 December 2003

2.  Sections 4 and 5

Immediately after the commencement of sections 3 to 62 of the Legislative Instruments Act 2003

1 January 2005

3.  Schedule 1

Immediately after the commencement of sections 3 to 62 of the Legislative Instruments Act 2003

1 January 2005

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.

3  Schedule(s)

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


Part 2—Transitional provisions etc.

 

4  Transitional provisions

 (1) If legislation introduced into the Parliament before the commencing day but commencing on or after that day:

 (a) authorises an instrument to be made in the exercise of a power delegated by…

Overview

The Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 was enacted by the Parliament of Australia to address the transitional and consequential issues arising from the introduction of the Legislative Instruments Act 2003. The Act provides a framework for the smooth implementation of the new legislative instruments regime, ensuring that existing laws are adapted to the new system without causing undue disruption. The primary objective of this Act is to facilitate the transition by making necessary amendments and repeals to existing legislation, ensuring continuity in legal instruments, and providing for transitional regulations. This legislative effort underscores the Parliament’s commitment to effective governance and the orderly administration of laws in alignment with the new legislative framework established by the Legislative Instruments Act 2003.

Scope and Application

The Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 is an Act of the Commonwealth of Australia designed to manage transitional and consequential issues arising from the enactment of the Legislative Instruments Act 2003. This Act applies to various legislative instruments and rules of court that were previously governed by the Statutory Rules Publication Act 1903 and other legislative provisions. It affects entities and individuals involved in the creation, amendment, and operation of these instruments across multiple jurisdictions and sectors, including federal and territory governments, courts, and administrative bodies. The Act's provisions include transitional rules for instruments made under repealed provisions, adjustments to legislative and non-legislative instruments to align with the new legislative framework, and specific amendments to numerous Acts to reflect the changes introduced by the Legislative Instruments Act 2003. The Act's scope is broad, impacting various pieces of legislation and ensuring a smooth transition to the new regulatory environment. The Act's application is not restricted by geographical boundaries within Australia, thereby ensuring a uniform approach to legislative instrument management across federal, state, and territory levels. There are no explicit exclusions or thresholds stated in the Act; however, it primarily focuses on legislative instruments and rules of court, thereby implicitly excluding other forms of legal instruments not governed by these provisions. The Act also allows for the creation of subordinate instruments to further refine its application and adapt to specific needs arising from the legislative changes.

Key Provisions

  • The Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 primarily addresses the transitional and consequential amendments resulting from the enactment of the Legislative Instruments Act 2003. Section 4 of the Act outlines the transitional provisions for instruments authorised under pre-existing legislation but which come into effect after the commencement of the new Act. For example, if legislation allows for the making of an instrument that must be published as a statutory rule under the repealed Statutory Rules Publication Act 1903, such instruments are considered as legislative instruments under the new regime despite the repeal of the old Act. Similarly, if legislation declares an instrument to be disallowable under the old regime but not under the new one, it is treated as disallowable under the new Act. Section 5 empowers the Governor-General to make regulations addressing transitional matters, which may take effect even before their registration under the Legislative Instruments Act 2003, provided they are made within a year of the commencement of this Act.
  • The Act imposes specific obligations on entities and authorities by ensuring that certain legislative instruments and their amendments are published and made available to the public. For instance, under Section 46A, instruments made under an Act or legislative instrument must be notified in the Gazette and made available for purchase as soon as practicable. Failure to comply with these requirements can render the instrument ineffective. Furthermore, Section 46B mandates that disallowable instruments must be laid before each House of the Parliament within six sitting days of their creation, or they cease to have effect.
  • Breaches of the provisions outlined in the Act can lead to various consequences. For instance, non-compliance with the notification and availability requirements in Section 46A can result in the instrument ceasing to have effect. Similarly, failure to lay an instrument before each House of Parliament as required by Section 46B also leads to the instrument being rendered ineffective. Additionally, failure to make instruments available for purchase as mandated by the Act can result in the Minister having to report to Parliament, explaining the reasons for non-compliance. While the Act does not explicitly state criminal or civil penalties for these breaches, the consequences are significant in terms of the legal effectiveness of the instruments concerned.

Legal classification tags

Area of Law
Administrative Law
Instrument
Act
Concepts
Commencement Provisions
Transitional Provisions
Repeal & Amendment
Regulatory Standards
Delegated & Subordinate Legislation
Civil Penalty 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.