Ordinances and Regulations (Notification) Act 1972

Overview

The Ordinances and Regulations (Notification) Act 1972 was enacted to address the need for a standardised method of notifying the public of certain ordinances, regulations, and other instruments made under Commonwealth or Territory law. This Act was passed by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, and it came into effect upon receiving Royal Assent on 14 September 1972. The policy objective of this Act is to ensure that the publication of notices or notifications in the Gazette is recognised as sufficient compliance with the requirements of any relevant law, thereby providing clarity and consistency in the notification process. The Act specifies that the date of the earliest publication in the Gazette of such notices or notifications is deemed to be the date of official publication for the purposes of the law.

Scope and Application

The Ordinances and Regulations (Notification) Act 1972 applies to any Ordinance, regulations, rules, by-laws, or other instruments made under Commonwealth law or by a Territory of the Commonwealth. This Act ensures that the publication of notices or notifications regarding these instruments in the Gazette is sufficient to meet legal requirements for their notification, with the date of the Gazette publication deemed as the official date of notification. The geographic reach of the Act is national, encompassing both the Commonwealth and the Territories of the Commonwealth, and it applies to any notifications published before the Act came into operation on 14 September 1972. The Act does not specify exclusions or exemptions but extends its application to any form of words that purport to be notifications of these instruments, clarifying that the earliest publication in the Gazette will be the one considered valid. This legislation aims to streamline and formalise the notification process for these instruments, ensuring that their publication in the Gazette is legally recognised.

Key Provisions

The Ordinances and Regulations (Notification) Act 1972 (hereafter referred to as the Act) is a piece of legislation that ensures the notification of certain ordinances, regulations, and instruments made under Commonwealth or Territory laws. Section 3(1) of the Act states that any form of words published in the Gazette, before the commencement of the Act, which appears to be a notice or notification of the making of an ordinance, regulation, rule, by-law, or other instrument under Commonwealth or Territory law, will be considered sufficient compliance with any requirement for the publication or notification of such instruments in the Gazette. The date of the publication in the Gazette will be deemed the date of notification for the purposes of any relevant law. If there are multiple publications in the Gazette regarding the same instrument, only the earliest publication will be considered valid, as per Section 3(2). The term "Gazette" in this context includes any Gazette or similar publication authorised by the Administration of a Territory of the Commonwealth. Under the Act, there are certain obligations imposed on parties or entities it governs. They are required to ensure that any notice or notification of the making of an ordinance, regulation, rule, by-law, or other instrument under Commonwealth or Territory law is published in the Gazette. This ensures that such instruments are properly notified and accessible to the public, thereby promoting transparency and accountability in governance. The Act also provides a mechanism for determining the validity of notifications, ensuring that only the earliest publication is considered when multiple notifications exist. The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, non-compliance with the notification requirements could potentially result in legal challenges or disputes regarding the validity of the ordinances, regulations, rules, by-laws, or other instruments. The consequences of such disputes would depend on the specific circumstances and the applicable law. It is important for parties and entities governed by the Act to ensure that they adhere to the notification requirements to avoid any potential legal issues.