Rules Publication Regulations 1913

Overview

The Rules Publication Regulations 1913 were enacted to standardise the process of publishing statutory rules under the Rules Publication Act 1903. This legislative instrument was introduced to address the need for a systematic approach to the documentation, numbering, printing, and dissemination of statutory rules issued by various authorities within the Commonwealth. The Regulations were made by the Governor-General in Council, thereby ensuring their enactment through the appropriate federal legislative process. The overarching policy objective of these Regulations was to ensure clarity and accessibility of statutory rules, facilitating their availability to the public and maintaining an orderly record of legislative changes. This was achieved by establishing clear guidelines for the numbering, printing, and sale of statutory rules, as well as repealing all previous regulations to align with the new framework.

Scope and Application

The Rules Publication Regulations 1913, established under the Rules Publication Act 1903, govern the creation, numbering, printing, sale, and pricing of statutory rules in Australia. These regulations apply to any statutory rule made by a rule-making authority that is legislative rather than executive in nature. The scope of the Act is nationwide, impacting all statutory rules within the Commonwealth of Australia. Each statutory rule is assigned a consecutive number based on the order of receipt by the Government Printer, starting anew each year. The regulations mandate the printing and sale of all statutory rules unless the rule-making authority determines that publication is unnecessary. The price for obtaining these rules is set by the Government Printer, not exceeding threepence per page. Notably, these regulations also repeal all previous regulations made under the Act, ensuring that the 1913 regulations are the prevailing rules of engagement for statutory rule publication.

Key Provisions

The Rules Publication Regulations 1913 establish several key provisions under the Rules Publication Act 1903. Firstly, the regulations outline that any exercise of a statutory power by a rule-making authority, which is legislative rather than executive in nature, constitutes the making of a statutory rule (Regulation 3). This means that any legislative action taken by authorised entities will be considered as creating new rules, which must then be processed according to the Act. Secondly, every statutory rule sent to the Government Printer must be numbered consecutively, starting anew each year with the number one (Regulation 4). This ensures a systematic and organised approach to the documentation and distribution of statutory rules. Thirdly, all statutory rules must be printed and sold, unless the rule-making authority specifies otherwise for rules not required to be published in the Gazette (Regulation 5). Additionally, the price for obtaining draft rules is set at a maximum of threepence per page or part of a page, as determined by the Government Printer (Regulation 6). These regulations impose specific obligations on rule-making authorities to ensure their legislative actions are properly documented, numbered, and published. They must submit their rules to the Government Printer for printing and sale, unless exempted by a specific declaration. The price for obtaining these rules is also strictly regulated. Under the Rules Publication Regulations 1913, rule-making authorities are obligated to follow a structured process for the creation, numbering, and publication of statutory rules. They must submit their rules to the Government Printer for consecutive numbering and printing, with an exception for rules not required to be published in the Gazette, as per the rule-making authority’s declaration. The pricing for draft rules is capped at threepence per page or part of a page, as determined by the Government Printer. These regulations ensure transparency and accessibility in the dissemination of statutory rules, as they must be printed and sold unless exempted, facilitating public access to legislative changes. The Rules Publication Regulations 1913 also address the consequences of non-compliance with these requirements. While the regulations do not explicitly state penalties for non-compliance, failure to adhere to the rules regarding the making, numbering, and printing of statutory rules could result in the rules not being properly documented or published. This could lead to legal uncertainty and potential administrative consequences for the rule-making authorities involved. The regulations, however, do not specify any direct criminal or civil penalties for breaches, leaving the enforcement of compliance to be managed under the broader legal framework provided by the Rules Publication Act 1903. The absence of explicit penalties suggests that the primary focus of the regulations is on procedural compliance rather than punitive measures.