Statutory Rules Publication Amendment Act 1978

Overview

The Statutory Rules Publication Amendment Act 1978 amends the Rules Publication Act 1903. It was enacted to address the need for more efficient and accessible distribution of statutory rules, particularly regarding their availability for purchase. This Act was passed by the Queen, in conjunction with the Senate and House of Representatives of the Commonwealth of Australia. The principal objective is to ensure that statutory rules are more readily available to the public by requiring that copies be made available for purchase at specified locations when notices of their publication are issued. Additionally, it mandates that if such rules are not available as stated, a formal explanation must be provided to Parliament, thereby enhancing transparency and accountability in the publication process.

Scope and Application

The Statutory Rules Publication Amendment Act 1978 is an amendment to the Rules Publication Act 1903, and it primarily concerns the printing, numbering, and sale of statutory rules. This Act applies to the Commonwealth of Australia and amends the Principal Act by inserting the word "Statutory" before "Rules" to clarify the scope of the Act. The amendment specifies that statutory rules must be made available for purchase at the place, or at each of the places, specified in the notice of publication. If no copies are available at the specified locations upon publication, the Minister of State for Administrative Services must lay a statement before each House of the Parliament within 15 sitting days, explaining the unavailability and the reason behind it. It is noteworthy that failure to comply with these provisions does not equate to a failure to comply with the original publication or notification requirements. The Act's provisions extend to ensuring that statutory rules are readily accessible to the public, thereby maintaining transparency and accountability in the legislative process.

Key Provisions

The Statutory Rules Publication Amendment Act 1978 amends the Rules Publication Act 1903, which is now referred to as the Principal Act. The main provisions of the Act involve amending Section 5 of the Principal Act to improve the process of making statutory rules available for purchase. Under the amended Act, statutory rules must be made available for purchase at the time of publication of the notice or as soon as practicable thereafter at the specified places (Section 5(3a)). If, at the time of publication of the notice, there are no copies of the statutory rules available for purchase at the specified place(s), the Minister of State for Administrative Services must lay before each House of the Parliament, within 15 sitting days, a statement that copies were not available and the reason for the unavailability (Section 5(3b)). It is also clarified that failure to comply with the requirements of Sections 5(3a) or 5(3b) does not constitute a failure to comply with other provisions of the Act or any other Act with respect to the publication or notification of statutory rules (Section 5(3c)). The obligations imposed by the Statutory Rules Publication Amendment Act 1978 include the requirement for statutory rules to be made available for purchase at the time of notice publication or as soon as practicable thereafter at the specified places. Furthermore, the Minister of State for Administrative Services must report to Parliament if copies of statutory rules are not available for purchase at the specified place(s) at the time of publication. This ensures transparency and accountability in the availability of statutory rules to the public. The Act also places a duty on the Minister to provide reasons for the unavailability of copies of statutory rules, ensuring that the public is informed of any issues affecting the accessibility of these documents. There are no explicit offences, penalties, or civil/criminal consequences for breach outlined in the Statutory Rules Publication Amendment Act 1978. However, the failure to comply with the requirements of Sections 5(3a) and 5(3b) may lead to parliamentary scrutiny and potential political consequences for the Minister of State for Administrative Services. While the Act does not provide for specific monetary penalties or criminal charges, the requirement to report to Parliament can be seen as a form of accountability and oversight that serves to ensure compliance with the Act's provisions. The Act ensures that statutory rules are accessible to the public in a timely and transparent manner, and any failure to do so will be subject to parliamentary review.