Statutory Rules Publication Act 1903
Act No. 18 of 1903 as amended
[Note: This Act is repealed by Act No. 140 of 2003]
This compilation was prepared on 1 January 2005
taking into account amendments up to Act No. 140 of 2003
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Short title and commencement [see Note1]
2 Interpretation
5 Printing, numbering and sale of statutory rules
6A Incorporation of amendments in reprint of statutory rules......2
7 Regulations.................................3
Notes 5
An Act for the Publication of Statutory Rules
1 Short title and commencement [see Note1]
This Act may be cited as the Statutory Rules Publication Act 1903, and shall commence on the first day of January, One thousand nine hundred and four.
2 Interpretation
In this Act:
Statutory rules means rules, regulations, or by‑laws, made under any Act, which:
(a) relate to any Court within the Commonwealth, or to the procedure, practice, or costs therein, or to any fees or matters applying generally throughout the Commonwealth or any part of the Commonwealth; or
(b) are made by the Governor‑General, or any Minister, or the Inter‑State Commission, or any Government department.
Rule‑making authority includes every authority authorized to make any statutory rules.
5 Printing, numbering and sale of statutory rules
(1) All statutory rules shall forthwith after they are made be sent to the Government Printer, and shall, in manner prescribed, be numbered, and (save as prescribed) printed and sold by him.
(2) Any statutory rules may, without prejudice to any other mode of citation, be cited by the number so given and the calendar year.
(3) Where any statutory rules are required by any Act to be published or notified in the Gazette, a notice in the Gazette of the rules having been made, and of the place or places where copies of them can be purchased, shall be sufficient compliance with that requirement.
(3A) Where a notice of statutory rules having been made is published in accordance with subsection (3), copies of the statutory rules shall, at the time of publication of the notice or as soon as practicable thereafter, be made available for purchase at the place, or at each of the places, specified in the notice.
(3B) Where, on the date of publication of a notice referred to in subsection (3A), there are no copies of the statutory rules to which the notice relates available for purchase at the place, or at one or more of the places, specified in the notice, the Minister for Sport, Recreation and Tourism shall cause to be laid before each House of the Parliament, within 15 sitting days…
Overview
The Statutory Rules Publication Act 1903 was enacted to address the need for a systematic and transparent process for the publication of statutory rules made under various Acts within the Commonwealth. The Act was established to ensure that statutory rules are promptly sent to the Government Printer, numbered, printed, and made available for sale. It was introduced to streamline the process of disseminating statutory rules, making them accessible to the public and ensuring compliance with legal requirements for their publication. The Act was enacted by the Parliament of Australia and its primary policy objective was to facilitate the orderly publication and dissemination of statutory rules, thereby enhancing the accessibility and enforceability of legislative instruments.
The Statutory Rules Publication Act 1903 was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003, which introduced a new legislative framework for the publication and management of legislative instruments. The repeal marked a significant shift towards modernising the legislative process and ensuring that statutory rules and other legislative instruments are effectively managed and made accessible to the public in accordance with contemporary legislative drafting and publishing standards.
Scope and Application
The Statutory Rules Publication Act 1903 governs the publication, printing, and sale of statutory rules made under any Act within the Commonwealth of Australia. This Act applies to statutory rules that pertain to any court within the Commonwealth or its procedure, practice, and costs, as well as those made by the Governor-General, any Minister, the Inter-State Commission, or any government department. The Act mandates that all such statutory rules be sent to the Government Printer immediately after their creation. They must be numbered and printed in the prescribed manner, and made available for sale by the Government Printer, with exceptions as prescribed. Additionally, where statutory rules must be published or notified in the Commonwealth Gazette, a notice of their creation and the availability of copies for purchase suffices. However, certain instruments such as by-laws made under the Postal Services Act 1975 and the Telecommunications Act 1975, and various determinations and orders made under specific Acts, are excluded from the scope of this legislation. The Act also provides for the incorporation of amendments in reprints of statutory rules and empowers the Governor-General to make regulations for the Act's implementation. As of 1 January 2005, this Act has been repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003.
Key Provisions
- The Statutory Rules Publication Act 1903 (C1903A00018) sets out the procedures for the publication, numbering, and sale of statutory rules made under various Acts in Australia. Section 5 of the Act requires that all statutory rules be sent to the Government Printer immediately after they are made. These rules must be numbered and printed in a manner prescribed by the Act, and sold by the Government Printer, unless otherwise specified (section 5(1)). Statutory rules can be cited using the number assigned to them and the calendar year (section 5(2)). If an Act mandates the publication or notification of statutory rules in the Gazette, a notice of their creation and the availability of copies for purchase can suffice as compliance with that requirement (section 5(3)). Additionally, where such a notice is published, copies of the rules must be made available for purchase at the specified places (section 5(3A)). If copies are not available at the time of publication, the Minister for Sport, Recreation and Tourism must lay a statement before each House of Parliament within 15 sitting days (section 5(3B)). The Act also mandates that any reprints of statutory rules must reflect any amendments made to them (section 6A). The Act further stipulates that the Governor-General may make regulations to give effect to the provisions of the Act (section 7).
- Under the Statutory Rules Publication Act 1903, there are specific obligations placed on the rule-making authorities and the Government Printer. Rule-making authorities are required to send all statutory rules to the Government Printer immediately after they are made (section 5(1)). The Government Printer is responsible for numbering, printing, and selling these rules, ensuring they are available for purchase as required by the Act (section 5). Additionally, the Government Printer must ensure that any reprints of amended statutory rules reflect those amendments accurately (section 6A). The Minister for Sport, Recreation and Tourism has the obligation to lay a statement before each House of Parliament if statutory rules are not available for purchase as required by section 5(3B).
- The Statutory Rules Publication Act 1903 does not explicitly outline offences, penalties, or consequences for breaches of its provisions. However, non-compliance with the Act’s requirements could potentially result in legal challenges or administrative actions, particularly if the failure to publish or make statutory rules available affects the operation of other laws or the public's access to legal information. The Act’s repealed status as of 1 January 2005, and its replacement by the Legislative Instruments Act 2003, suggests that any prior enforcement mechanisms may no longer apply.
- Area of Law
- Statutory Interpretation
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Reporting & Disclosure Obligations
- Regulatory Standards
- Delegated & Subordinate Legislation