ORDINANCES AND REGULATIONS (NOTIFICATION) ACT 1978
No. 38 of 1978
An Act relating to the notification of the making of certain Ordinances, regulations and other instruments.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
Short title
1. This Act may be cited as the Ordinances and Regulations (Notification) Act 1978.
Commencement
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Notification of Ordinances, regulations, &c.
3. (1) Where—
(a) before the commencement of this Act, there was published in the Gazette a form of words being, purporting to be, or apparently intended to be—
(i) a notice or notification of a statutory instrument having been made, or of the making of, with respect to the making of, or referring to the making of, a statutory instrument; and
(ii) a notice or notification of, with respect to, or referring to, a place or places where copies of the statutory instrument could be purchased; and
(b) copies of the statutory instrument were not, or have not been, available for purchase at that place, or at one or more of those places, at the time of publication of those words, or at some later time (whether on the date of publication of those words or on a later date),
the fact that copies of the statutory instrument were not, or have not been, so available for purchase shall not be taken to constitute, or to have at any time constituted, a failure to comply with a provision of any law of the Commonwealth or of the Australian Capital Territory with respect to the publication or notification of the statutory instrument in the Gazette.
(2) A reference in sub-section (1) to a statutory instrument shall be read as a reference to—
(a) an Ordinance made under the Seat of Government (Administration) Act 1910 or any regulations, rules, by-laws or other instrument made under such an Ordinance; or
(b) any regulations, rules, by-laws or other instrument to which the Statutory Rules Publication Act 1903 applies or applied, whether of its own force or by virtue of another Act.
Application of Act in relation to certain proceedings
4. Where proceedings for an offence against the Banking (Foreign Exchange) Regulations instituted before 25 May 1978 had not been finally disposed of before that date, section 3 does not apply in relation to those Regulations for the purposes of those proceedings but does apply in relation to those Regulations for the purposes of any other proceedings and for all other purposes.
Overview
The Ordinances and Regulations (Notification) Act 1978 was enacted to address the issue of the non-availability of statutory instruments, such as ordinances, regulations, and other instruments, for purchase after their initial notification in the Gazette. This Act was passed by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia. The primary objective of the Act is to ensure that the absence of these instruments for sale does not constitute a failure to comply with the relevant laws regarding their publication and notification. Essentially, it protects against legal repercussions when statutory instruments are not available for purchase despite their notification, thereby streamlining the legislative process and ensuring compliance with legislative requirements.
The Act specifies that it applies to certain statutory instruments, including those made under the Seat of Government (Administration) Act 1910 and those covered by the Statutory Rules Publication Act 1903. Notably, it provides an exception for certain proceedings for offences under the Banking (Foreign Exchange) Regulations instituted before 25 May 1978, ensuring that the provisions of the Act do not undermine the legal process for these specific cases. Overall, the Ordinances and Regulations (Notification) Act 1978 aims to clarify and protect the legislative process by addressing the logistical challenges of statutory instrument availability post-notification.
Scope and Application
The Ordinances and Regulations (Notification) Act 1978 applies to statutory instruments, including Ordinances, regulations, rules, by-laws, or other instruments, made under the Seat of Government (Administration) Act 1910 or those to which the Statutory Rules Publication Act 1903 applies. The Act is designed to address situations where notifications regarding the availability of these statutory instruments in the Gazette were either inaccurate or misleading. The geographic reach of the Act is limited to the Commonwealth and the Australian Capital Territory. It is important to note that section 3 of the Act does not apply to proceedings for offences against the Banking (Foreign Exchange) Regulations instituted before 25 May 1978 if those proceedings had not been finally disposed of by that date, although it does apply to such Regulations for all other purposes and proceedings. The Act may be extended or restricted through subordinate instruments, although the primary text does not provide specific details on this matter.
Key Provisions
The Ordinances and Regulations (Notification) Act 1978 (sections 1 to 4) provides a framework for the notification of the making of certain ordinances, regulations, and other statutory instruments. Specifically, section 3 outlines the circumstances under which the unavailability of copies of a statutory instrument at the time of notification does not constitute a failure to comply with notification requirements. This applies to ordinances made under the Seat of Government (Administration) Act 1910, as well as regulations, rules, by-laws, and other instruments governed by the Statutory Rules Publication Act 1903.
The Act imposes obligations on those responsible for the publication and notification of statutory instruments, ensuring that even if copies of the instrument are not immediately available, the notification itself is valid as long as it meets the specified criteria. This means that the mere absence of physical copies at the time of notification does not invalidate the notification process. The Act aims to provide clarity and legal certainty in the notification process, ensuring that the publication in the Gazette is sufficient to meet legal requirements, despite logistical delays in making copies available.
Section 4 of the Act addresses specific transitional provisions for ongoing legal proceedings related to the Banking (Foreign Exchange) Regulations. It clarifies that while section 3 does not apply to proceedings initiated before 25 May 1978 that have not been finally disposed of by that date, it does apply to those regulations in all other contexts. This ensures that the Act's provisions are applied consistently across different legal scenarios, while also respecting the legal rights and obligations established in ongoing proceedings.
In terms of penalties and consequences, the Act does not explicitly state penalties for non-compliance with its provisions. However, any breach of the statutory notification requirements not covered by this Act could potentially lead to legal consequences under other applicable laws. For example, failure to properly notify the making of ordinances or regulations could result in administrative or legal challenges, depending on the specific circumstances and the impact of such non-compliance. The severity of the consequences would be determined by the courts and the specific nature of the breach.